도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 6, 2018, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On July 8, 2020, the Defendant driven an E E-cub vehicle from around 5 km to the roads of the Dasung Party located in Gwangjubuk-gu, Gwangju, in the state of alcohol of 0.122% of blood alcohol concentration around 22:40 on July 8, 2020.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):
1. Article 62 (1) of the Criminal Act on probation;
1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again even though he was punished for drunk driving, and the period of the instant crime does not have a significant interval between the previous conviction of drunk driving and the date of the instant crime. As such, the Defendant is sentenced to imprisonment with prison labor on the grounds that the instant drinking alcohol level is high.
However, considering extenuating circumstances, such as the fact that the defendant has no record of punishment heavier than imprisonment with prison labor and the defendant has divided his/her wrong facts, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the order shall be issued together with the participation in the compliance driving lecture, and the punishment shall be determined as the same as the order.