도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and three months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 16, 2016, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch.
On July 3, 2020, at around 19:16, the Defendant driven a D special motor vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of 0.365% from the 50m section to the road located in C.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Records of drinking driving under the judgment: Criminal records, etc. inquiry report, suspect's previous records, and application of Acts and subordinate statutes of the summary order;
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. Article 62 (1) of the Criminal Act;
1. The Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).
Although the Defendant had been punished for driving under the influence of alcohol twice or more as stated in the facts constituting the crime in the judgment, the Defendant again carried out driving under the influence of alcohol, and the blood alcohol concentration is very high to 0.365%, so serious punishment is required.
However, in consideration of the fact that the defendant's mistake is recognized and divided, the drinking alcohol is not carried out from the beginning after drinking alcohol, but has been in the vicinity of the control place by using the substitute driving, the distance of driving is not so long, and there is no record of punishment more severe than the fine, the punishment shall be determined to suspend the execution of imprisonment as above.