도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
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 July 30, 2012, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Gwangju District Court’s Netcheon Branch on July 30, 2012, and issued a summary order of KRW 4 million in the same court as the same crime on December 28, 2012.
On June 14, 2017, the Defendant stated in the written indictment that “0.161% of alcohol content in blood” is at least 0.05% of alcohol content among the blood transfusions at around 02:30 on June 14, 2017, but recognized it as criminal facts by modifying it as stated in the main sentence.
This recognition does not cause substantial disadvantage to the defendant's right to defend.
While under the influence of alcohol, the CKank Trak Trak Trak Trak was driven from the front of the 2nd apartment road in the Magyang-si to the Haak-si road in the vicinity of the general Donyang-si.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Written statements of D;
1. Investigation report (report on the situation of the driver in charge); and
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Evidence and photographs of the traffic accident;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.
1. It is difficult to readily conclude that the Defendant’s assertion’s blood alcohol concentration in blood at the time of driving an automobile exceeds the standard value of punishment.
2. Determination
(a) the point of time between the driving point and the point of time between the alcohol concentration in the blood and the point of time;