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.
Criminal facts
Some of the facts charged were corrected.
On November 19, 2008, the Defendant had the record of receiving a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, on February 2, 2010, and on January 4, 2012, the above court received a fine of KRW 6 million as the same crime.
Although the Defendant violated the regulations on the prohibition of drinking driving twice or more, on December 23, 2018, the Defendant driven a car in the C Sti-type in the area of about 6km to the vicinity of the bus stop located at the border of Gwangju City while under influence of 0.071% of blood alcohol level around 03:00 on December 23, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and summary orders of the same kind of power;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant driven a SUV vehicle in the state of the second blood alcohol concentration of 0.071% even when the Defendant was sentenced to respective fines around 2008, around 2010, and around 2012 due to drinking.
The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, the defendant has no record of crime other than the fine imposed four times, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances such as the situation after the crime shall be determined as the sentence as ordered.