도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 30, 2013, the defendant was notified of a summary order of a fine of three million won due to the violation of the Road Traffic Act, in the sex support of the Daegu District Court on September 30, 2013.
On October 24, 2019, at around 20:30, the Defendant driven a e-wing truck while under the influence of alcohol leveling 0.217% of the blood alcohol level at approximately 300 meters from the Do in front of the C cafeteria located in the Gyeongbukbuk-do to D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, references to criminal records, prosecution investigation reports (report on confirmation of sound records) and statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The probation officer's decision to punish a person subject to severe warning is necessary in light of the following: (a) the execution of a sentence is suspended by taking into account the fact that the person subject to imprisonment without prison labor or heavier punishment was not sufficiently punished for the same crime; (b) the fact that the person subject to imprisonment without prison labor or heavier punishment was voluntarily scrapped to avoid recidivism; and (c) the defendant's age, occupation and economic conditions were taken into account the fact that the person subject to imprisonment without prison labor or heavier punishment was voluntarily scrapped; and (d) the strict management and supervision of the probation officer would assist the prevention of recidivism; and (e) the person subject to imprisonment with prison labor or heavier punishment was imposed on the person subject to imprisonment with prison labor or heavier punishment; (e) the person subject to imprisonment with prison labor or heavier punishment for the same crime; and (e) the person subject to imprisonment with prison labor or heavier punishment for the same crime.