도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
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 July 20, 201, the Defendant received a summary order of KRW 2 million from the Gwangju District Court on July 20, 201 due to a crime of violation of the Road Traffic Act, etc., and on April 18, 2013, the same court received a summary order of KRW 4 million due to a crime of violation of the Road Traffic Act (driving).
On September 20, 2018, at around 00:25, the Defendant driven an E Lacta car in the state of alcohol alcohol concentration of approximately 2 km from the 00:120% to the D' in the vicinity of the same Gu C from the 2km-gu, Gwangju.
As a result, the defendant violated the prohibition of drinking driving more than twice and drives a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, and application of each summary order statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20
1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, despite the fact that the defendant had been punished twice or more due to drinking driving, the defendant committed a traffic accident after drinking driving. The choice of imprisonment is inevitable in that it is a relatively high level of blood alcohol concentration at the time of the crime of this case.
However, the execution of a sentence shall be suspended in favor of the defendant for about five years after he/she was punished twice due to drinking driving, and the place and distance of drinking driving, the age, character and conduct, environment, family relationship, and family relationship of the defendant.