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 May 26, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's support for interest in Gwangju District Court.
Nevertheless, around 05:05 on July 20, 2019, the Defendant driven a car d i30% under the influence of alcohol concentration of approximately 0.086% from the 15-km section to the front road of the apartment site B in the Jeonnam-gun, Seoul-gun, Seoul-do.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (Attachment to previous records and copies of summary orders);
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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is a crime that may inflict a great harm on unspecified persons, and its social risk is considerably high, blood alcohol level is 0.086%, the occurrence of a traffic accident causing physical damage by the Defendant’s act of drinking driving, which led to the occurrence of a traffic accident. Accordingly, the Defendant himself/herself is also injured, the Defendant recognizes and reflects the instant crime, the circumstances leading up to the act of drinking, the distance and place of drinking driving, the developments leading up to the crackdown on the instant crime, the Defendant’s age, character and behavior, environment, health condition, the motive and consequence of the instant crime, the circumstances after the crime, etc. are considered.