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 this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On August 3, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 22, 2020, the Defendant driven a D-wing truck under the influence of alcohol by 0.216% in blood alcohol level from approximately 2 km section to the front side of a pharmacy located in Daegu Northern-gu, Daegu-gu, 4,000, from the route near a temporary bus terminal located in the new 4,000-dong-gu, Daegu-gu, to the route from the route near a drinking bridge to the front side of a pharmacy located in Daegu North-gu, Daegu-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement E of the defendant in court;
1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the circumstantial statement of a drinking driver, an inquiry into the results of the crackdown on drinking driving, a estimate, and an investigation report;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;
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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.
The blood alcohol concentration is also very high at the time of crime.
The favorable circumstances: Recognizing the crime, it is against the law.
There is no previous offense exceeding a fine.