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 of the final judgment.
Punishment of the crime
[Criminal Power] On May 19, 2020, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 25, 2020, the Defendant driven approximately 14 km B K5 km from the front of the restaurant in which the trade name in the Full-gun of the Jeonnam-do cannot be known, at around 0.087% of blood alcohol concentration, while under the influence of alcohol around 23:56, the Defendant driven approximately 14 km B K5 km from the front of the restaurant in the outside of the same military area to the front of the pet road in the outside of the military area.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous conviction in judgment: Application of Acts and subordinate statutes to the previous conviction of disposition, report on the results of confirmation, investigation report (verification of the same kind of power), and copy of summary order;
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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.
On March 29, 2020, the Defendant was investigated by driving under the influence of alcohol and was indicted on April 24, 2020.
Nevertheless, the risk of drinking driving has not been broken and the risk of the foregoing summary indictment has been brought about, and the driving of drinking again resulted in serious danger to the public safety.
At the time, the defendant's blood alcohol concentration is considered as the blood alcohol concentration of the defendant.
However, it appears that the defendant's wrong and repents, and even if so, the risk of the defendant has not been realized by the third party's life or body.