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 June 10, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court due to a violation of the Road Traffic Act.
On October 13, 2019, at around 08:43, the Defendant driven an E-motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.106% in a section of about 500 meters from the road near Ulsan-gu B to the front road located in the same Gu C.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes, such as a statement on criminal records, etc., investigation reports (report attached to judgments, etc.), and summary order issued under the Ulsan District Court Act No. 2015, May 1, 201;
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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by comprehensively taking account of all the circumstances revealed in the records, such as the accused's blood alcohol concentration and values, drinking alcohol density and age, drinking driving distance, age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.