도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
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 August 7, 2020, at around 20:55, the Defendant driven an E Car under the influence of alcohol with a blood alcohol concentration of 0.264% from the section of approximately 1.4km to the parking lot for the “D Hospital” located in Gangnam-si, Gangnam-si.
Summary of Evidence
1. The court statement, the actual condition survey report, and the photograph of the accident site of the defendant;
1. Statement on the circumstantial statement of the employee;
1. Notification of investigation report (report on the situation of a drinking driver), investigation report (investigation into the part of a drinking driving), investigation report (Attachment of a damaged vehicle box image), black boxes video CD), investigation report (applicable to Acts and subordinate statutes in which a suspect drivess;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant has the record of being fined once for drinking driving; the Defendant also has the record of being sentenced to a fine; the Defendant’s blood alcohol concentration was very high at the time of driving under the influence of drinking alcohol: (a) the Defendant is able to not drive under the influence of drinking alcohol again; and (b) other circumstances favorable to the fact that the Defendant would not drive under the influence of drinking alcohol again, taking into account the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and other various sentencing conditions specified in the records and arguments as ordered.