도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
[criminal history] On August 19, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu District Court’s Young-gu Branch’s Young-gu Branch’s Young-gu Branch’s territorial order, and a summary order of KRW 5,00,000 for the same crime in the same court
Before June 1, 2006, the duty of prohibiting drinking under Article 44(1) of the current Road Traffic Act was stipulated in Article 41(1) of the former Road Traffic Act (amended by Act No. 7545 of May 31, 2005 and enforced from June 1, 2006; hereinafter the same shall apply). Article 148-2(1) of the Road Traffic Act provides that “A person who violates Article 44(1) of the former Road Traffic Act on at least two occasions.” However, if a person violates Article 41(1) of the former Road Traffic Act under the principle of statutoryism, it cannot be deemed a violation of Article 44(1) of the current Road Traffic Act.
On June 1, 2006, it is judged that there is no substantial disadvantage in exercising the defendant's right of defense even if it is excluded from the previous criminal records, so it is corrected without changes in indictment.
[2] Although Defendant 1 had the history of violating Article 44(1) of the Road Traffic Act, Defendant 2 driven an E-bre II cargo vehicle under the influence of alcohol content of about 0.076% in the 1km section from the 1km to the roads adjacent to D empty bank located in B around the Gyeong-gun, Chungcheongnam-do around January 9, 2021.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. The defendant's legal statement report on the situation of the driver who takes the driving of alcohol, notification of the results of crackdown on the driving of alcohol, and the next inquiry;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the driving of the same kind of drinking), and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62(1) of the Criminal Act (the following sentencing grounds have been repeated.