도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six 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 January 10, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On December 21, 2019, at around 21:50, the Defendant driven BMW car from the entrance of the Gwangju Mine District to the front road of the same amamba-dong Park in the same Gu, from around 200 meters, while under the influence of alcohol content 0.235% of alcohol content.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Report on the statement of the oral statement of the driver (Evidence No. 7);
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing summary orders;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant was punished for drinking in 2002, 2003, and 2014, and again carried out the instant drinking again, and that the blood alcohol concentration (0.235%) was very high, and thus, is sentenced to imprisonment.
However, the defendant has no criminal history of punishing more than a fine, the distance of drinking (200m) was relatively short, the driving distance was not directly driving from a drinking place, the driving of a substitute driver and the driving of a substitute driver after getting him/her to drive a substitute while allowing him/her to drive a vehicle, and the driving of a substitute driver after getting him/her to drive a substitute driver. The driving of a vehicle is suspended by comprehensively considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and circumstances after the crime, such as the disposal of the vehicle, and other conditions after the crime,