도로교통법위반(음주운전)
The punishment of the accused shall be determined by a year of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Punishment of the crime
On November 27, 2015, the Defendant received a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act in the Daejeon District Court's Hongsung branch.
On August 12, 2020, at around 08:53, the Defendant driven C truck with C truck with a alcohol level of about 0.055% under the influence of alcohol level of about 3km at the same 3km section from the Do located in Chungcheongnam-gun Hong-gun, Hongsung-gun to the 3km distance of about 612-9.
Summary of Evidence
1. Previous records of a defendant's legal statement, a survey report on the actual condition of his/her statement, and records of his/her report on the results of the influence of drinking driving control: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment shall be determined by comprehensively taking into account various factors of sentencing, including the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate the drunk driving, the degree of blood alcohol concentration, the fact that the defendant has caused a traffic accident due to a drunk driving, the fact that the defendant has not committed a second offense, the reason and time for the drunk driving, the age, occupation, family, criminal records, and the environment of the defendant;