도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
【Criminal Records of Crimes】 On February 28, 2002, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1.5 million for a violation of road traffic laws in the Daegu District Court and its branch court in the Daegu District Court and its branch court on April 1, 2015, a fine of KRW 1.5 million for a violation of road traffic laws (driving), and a fine of KRW 5 million for the same crime in the same court on August 10, 2018.
【The Defendant, while under the influence of alcohol content 0.172% in blood around November 15, 2020, driven a B B B-type car at the front of North-gu C at the port of distribution to approximately 250 meters in front of the same Gu road at the port of distribution.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of suspected victims of violating traffic laws on roads, reporting on the circumstances of drivers who take driving, and notification of the results of regulating drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);
1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, and the selection of criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the following: (a) protection and observation; (b) the high level of alcohol concentration in the blood for the reason of sentencing under Article 62-2 of the Criminal Act; (c) the fourth drinking is the fourth drinking; (d) the third drinking driving is the narrow distance between time and time; and (e) the motive, means and result of the instant crime; (c) the circumstances after the crime; (d) the Defendant’s age, sex behavior and environment; (e) reflects the degree of punishment; and (e) various conditions of sentencing indicated in the arguments