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 becomes final and conclusive.
Punishment of the crime
On October 6, 2016, the Defendant issued a summary order of a fine of five million won or more for a violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s territorial branch on October 6, 2016, and a summary order of 1.5 million won or more for the same crime in the same court on January 2, 2009.
On March 15, 2020, at around 18:20 on March 15, 2020, the Defendant driven a Epoter II vehicle under the influence of alcohol content of about 0.058% from a 500-meter section from the Defendant’s residence in Gyeongnam-gun B to the front road in Gyeongnam-gun C.
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. The police statement concerning F;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, including the background leading to the instant crime, the blood alcohol concentration and the high degree of alcohol level, the defendant has no criminal record of suspended execution or higher, the fact that the defendant reflects the crime, etc.