200 Highest 7199 Violation of the Road Traffic Act (driving)

A

Park Sang-hoon (prosecution) and Lee Jong-il (public trial)

December 24, 2020

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 became final and conclusive.

The defendant shall order each to take a compliance lecture for 40 hours and a alcohol treatment lecture for 40 hours.

Criminal facts

On June 8, 2010, the Defendant issued each summary order of KRW 1.5 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act ( sound driving), and KRW 5 million as a fine at the Seoul Northern District Court on October 15, 2014.

On September 24, 2020, around 00:55, the Defendant violated the prohibition of drinking driving by driving a DNA negative alcohol content of about 0.136% while under the influence of alcohol at approximately 70 meters from the front of Gangnam-gu Seoul to the front of the same Gu C at approximately 70 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, etc., investigation reports (a copy of a summary order of the same kind of power attached), and summary orders;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

Reasons for sentencing

Although the Defendant was punished for driving under the influence of alcohol in around 2010 and around 2014, the Defendant was driving under the influence of alcohol in the instant case, and the blood alcohol concentration was considerably high, and the responsibility for the crime is not easy.

However, in full view of the fact that the defendant is against the defendant's wrong recognition of his/her own mistake, the fact that he/she is expected not to repeat the crime while disposing of his/her own vehicle, and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as

Judges Jin Jins