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 August 14, 2014, the Defendant was issued a summary order of KRW 1 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.
On May 13, 2020, at around 22:18, the Defendant driven a Cbe-cr cruise car under the influence of alcohol concentration of approximately 0.131% from the section of approximately 25 km from May 13, 202 to the roads adjacent to Suwon-dong Seoul, Gangnam-gu to Seoul Special Metropolitan City, Nowon-gu.
Accordingly, the defendant violated the prohibition of drinking driving twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's statutory statement, reporting on the state of driving, standing, and reporting on the investigation into the results of drinking driving control (verification of the same kind of power);
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. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Probation Act are as follows: (a) a person who drives a long distance without any previous conviction except the accused’s judgment; and (b) a person who drives a long distance including motorway is also driving a motor vehicle.