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 23, 2015, the Defendant was issued a summary order of KRW 7 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (e.g., refusal of measurement) in the Changwon District Court’s territorial branch on February 23, 2015, and a summary order of KRW 5 million with the same court on January 24, 2013, respectively.
On October 7, 2019, at around 07:35, the Defendant driven D concrete compound with approximately 1 km from the front of the bamboo thickine park, which is located in the optical routine routine route, to the front of C in the same city, to the front of the road located in the same city B, while under the influence of alcohol of about 0.125% of blood alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.
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: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of the same criminal records)-related Acts and subordinate statutes;
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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) considering the blood alcohol concentration and degree of alcohol alcohol level; (b) driving background; and (c) four identical criminal records as major sentencing factors; and (d) the Defendant acknowledges his/her mistake; (b) the Defendant did not have any criminal record other than fines; and (c) comprehensively taking into account all of the sentencing conditions in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the execution of the order to provide community service and attend lectures, as indicated in the disposition, shall be determined as ordered; and