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 February 9, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on February 9, 2018.
On November 22, 2019, the Defendant, while under the influence of alcohol of 05:10% of blood alcohol concentration, driven an E- PP car from around approximately 500 meters away from the parking lot near the “C” restaurant located in Seosan-si B to D in Seosan-si.
Accordingly, the defendant violated the prohibition of drinking driving twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);
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 as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under