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 December 22, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, in the Youngcheon District Court's Young-gu Branch's Monthly Support.
On December 20, 2019, at around 03:55, the Defendant driven a G Mart car with a blood alcohol content of about 7.6 km from around 03:6 km to the front road of the Gangwon-gun, Gangwon-gun, through the front of E E located in Gangwon-gun, Gangwon-do, the Defendant driven a G Mart car with a alcohol content of at least 0.086% under the influence of alcohol.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. The application of the actual condition survey report, field photographs, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), the notification of the results of the drinking-driving control, the CDs taken by police officers living at the site, CCTV images CDs, CCTV image photographs, investigation report (vehicle weather conditions when a suspect is discovered) and accompanying photographs, and the application of the Acts and subordinate statutes on closure of the next car road map;
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. Judgment on the defendant and defense counsel's assertion of the order to attend a lecture and the order to provide community service
1. The summary of the argument is that the Defendant was drinking on the vehicle after parking the vehicle, and did not drive the vehicle while drinking.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s driving under the influence of drinking as stated in the instant charges is recognized.
The defendant's assertion against this is rejected.
On December 20, 2019, H discovered the Defendant, who was divingd on the FF road of Gangwon-do, on December 20, 2019, around 05:50 to 05:54.
At the time, the above vehicle has contacted the above parked bus.