도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 3, 2007, the Defendant driven a motor vehicle under the influence of alcohol level of 0.211% in blood and received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Daejeon District Court on November 23, 2007. On July 5, 2008, the Defendant was under the influence of alcohol level of KRW 0.124% in driving a motor vehicle under the influence of alcohol level of 0.124% in blood, and received a summary order of KRW 3 million in the same court on September 30, 2008.
On December 3, 2008, the Defendant was sentenced to a fine of KRW 4 million on March 25, 2009 due to the same offense, etc. while driving a motor vehicle under the influence of alcohol content of 0.078% in blood, etc. on March 25, 2009 by the same court. On February 12, 2011, the Defendant was sentenced to imprisonment with labor for six months on June 30, 201 due to the same offense, etc. under the influence of alcohol content of 0.10% in blood.
On October 4, 2020, the Defendant driven a D low-water passenger vehicle with alcohol concentration of 0.126% from the Do in front of the house located in the Chungcheongnam-gun B, Chungcheongnam-do, Chungcheongnam-do to the front road of C, while under the influence of alcohol level of 0.126% from the 1km section.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, a survey report, and a photograph of the scene of the accident;
1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol);
1. Records of crime: Application of Acts and subordinate statutes, such as inquiries about criminal history, text of judgment, etc.;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a lecture under Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. is one of the important factors that increase the risk of traffic accidents.