도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 December 13, 2011, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court.
On April 14, 2020, the Defendant driven a 3 km-type 3 km-type truck with blood alcohol concentration of 0.139% while under the influence of alcohol, from the scam of 21:26 Scam to the cam of cambling-type road.
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. Notification of the control of drinking driving;
1. Criminal records: Application of criminal records, reply reports, and copies of summary order 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. The decision of the same sentence as the order shall be made in consideration of all the circumstances including the reason for sentencing under Article 62(1) of the Criminal Act including the course of drinking alcohol and the degree of drinking alcohol, the previous criminal records of the defendant, the criminal punishment against the defendant, and the fact that the