도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 December 7, 2011, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the above court on February 4, 2014, respectively, for the same crime.
On April 29, 2020, around 17:30, the Defendant driven the E 3-car under the influence of alcohol level of about 0.051% from the 2km section to the front road of the Defendant’s residence located in the same Gu D from the “C” restaurant in Daegu Seo-gu B.
Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.
Summary of Evidence
1. The defendant's legal statement, circumstantial statement, investigation report, inquiry of the results of crackdown on drinking driving, criminal records notified of the results of crackdown on drinking driving, investigation status (verification of criminal records of the same kind of suspect), application of summary order-related Acts and subordinate statutes;
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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant acknowledges and reflects his mistake, family members to support, and drinking water in this case);