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 October 31, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's wooden branch.
Nevertheless, around 00:57 on October 27, 2019, the Defendant driven a B-hand car under the influence of alcohol with approximately 0.221% alcohol concentration at the section of approximately 2km from the outdoor parking lot of “Yan Culture and Arts Center,” located in the south-si, Sinpo City, to the front of the play place located in 17 in the same city south-ro.
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. Report on the occurrence of a traffic accident, on-the-spot map, traffic accident report (1) actual condition survey report, traffic accident report (2) actual condition survey report, photographs of the scene of the accident, circumstantial statements of the drinking driver, investigation report, report on the results of the drinking driving control, notification on the results of the drinking driving control, and notification to the department related to the report of 112 Incident;
1. Application of one copy of the criminal record, reply note, and summary order under Acts and subordinate statutes;
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. Although Article 62(1) of the Criminal Act of the suspended sentence has high blood alcohol concentration of the reason for sentencing under Article 62(1) of the Criminal Act, since the punishment for drunk driving was imposed in 2008, there has been no less punishment for drunk driving until now, taking into account the circumstances such as the circumstance leading to drunk driving on the day, the background leading up to the defendant's age, sex, health, home environment, economic environment, etc., the sentence shall be imposed to imprisonment and the execution of the sentence shall