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 became final and conclusive.
Punishment of the crime
On November 10, 2010, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on December 15, 2010, in the case of the same crime.
Nevertheless, at around 21:55 on March 29, 2020, the Defendant driven an E 7 vehicle while under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.198% from the 300-meter section to the road of “D North Port” located in the same city as “D North Port” located in the same city.
As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. A report on the occurrence of a traffic accident, a traffic accident report, a scene of a traffic accident, a photograph of the scene of a traffic accident, a circumstantial statement of a drinking driver, an investigation report, a report on the results of the drinking-driving control, a report on the results of the accident,
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. A suspended sentence under Article 62(1) of the Criminal Act, even if the person was punished for driving under the influence of alcohol for the reason of sentencing, and the blood alcohol concentration level is very high so that the crime is not less severe than that of a fine so far. However, the execution of a sentence shall be suspended only once, taking into account the following factors: (a) the person was punished for driving under the influence of alcohol for the same kind of crime; (b) the previous person was not punished for driving under the influence of alcohol for about 10 years; (c) the reason why the person was driving under the influence of alcohol on the day