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 August 25, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) from the Seogu District Court Branch on August 25, 2014, and on October 27, 2015, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) and a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents.
around 16:45 on May 9, 2019, the Defendant driven a D-made car from approximately 4 km to the roads in Daegu Northern-gu, Seoul-gu, to the roads in Daegu-gu, while under the influence of alcohol by 0.210% of alcohol level.
Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol more than twice, even though he has violated the prohibition of drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Statement of the status of the driver;
1. Previous records of judgment: Investigation report (Attachment of the same type of force judgment), criminal records, and application of Acts and subordinate statutes after inquiry;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act, even though there are many criminal records prior to driving under the influence of alcohol, the Defendant needs to strictly punish the Defendant considering the following: (a) repeated driving under the influence of alcohol; (b) high drinking level; and (c) risk of drinking under the influence of alcohol; and (d) necessity of strengthening the punishment.
Meanwhile, in full view of all the circumstances, including the fact that the defendant recognized his mistake and did not repeat the crime while reflecting, there is no criminal record exceeding the fine, and the driving distance, the circumstances after the crime, the criminal records, and the prosecutor’s life (two years of imprisonment) are determined as above.