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
In Busan District Court on August 25, 2015, the Defendant has been notified of each summary order of KRW 1.5 million due to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million due to a violation of the Road Traffic Act (driving on September 7, 2016).
On October 12, 2019, at around 21:30, the Defendant driven C rocketing car under the influence of alcohol content of about 0.067% from the front Do to the front road of the building of the same Gu from the Do to the front road of the building of the same Gu.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports by the prosecution, and criminal investigation reports by the prosecution (report accompanied by a summary order accompanied by the criminal records of punishment for running a motor vehicle);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although Article 62-2 of the Criminal Act provides two times the punishment history for drinking driving for the reason of sentencing under Article 62-2 of the Order to Attend, it is necessary to issue an order to attend a compliance driving lecture for the following reasons: (a) the current Road Traffic Act, in which the regulatory standard and statutory punishment have been greatly strengthened after the enforcement of the Road Traffic Act; (b) the degree of blood alcohol content falls short of the criteria for cancellation of license; (c) the degree of blood alcohol content falls short of the criteria for cancellation of license; (d) there is no previous imprisonment without prison labor or heavier punishment; and (e) the Defendant’s age and family relationship are considered to assist the education of vessel safety and defensive driving to prevent recidivism; and (e) the order to attend a compliance driving lecture is imposed. It