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 May 1, 2015, the Defendant was issued a summary order of KRW 6 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Chungcheong Branch on May 1, 2015, and a summary order of KRW 3 million with the same court on February 9, 2018.
On May 27, 2019, at around 20:55, the Defendant driven a DSS6 car under the influence of alcohol concentration of about 0.097% in a section of about 300 meters from the roads located in B in the B, in the summering City to the roads located in C, in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Inquiry the results of the drinking driving control;
1. Criminal records: Criminal history records, repeated statements (A), investigation reports (verification reports on two-time records of sound driving), and application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture twice or more of the five-year period of sentencing under Article 62-2 of the Criminal Act, and in particular, after having received a summary order due to drinking driving, the name of the crime is repeated within a short period of time after being sentenced to a summary order. In addition, the sentence is to be determined by taking into account such circumstances, taking into account the background of the crime, blood alcohol concentration, criminal records, Defendant’s age and occupation, circumstances after the crime, and other sentencing conditions, and the execution of the sentence is to be suspended, but probation, etc. is to prevent recidivism.