도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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
On September 17, 2008, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Seogu District Court Branch on September 17, 2008. On November 6, 2008, the Defendant received a summary order of KRW 3 million for the same crime, etc. from the Daegu District Court.
On January 10, 2019, at around 00:39, the Defendant driven an E options car with approximately 300 meters of alcohol level around 0.104% around 0.104% around 10,000 in front of Daegu Seo-gu C in front of Daegu Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the oral statement of a host driver;
1. Inquiry into the result of crackdown on drinking;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to summary orders of related cases;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant is strictly punished, considering the following: (a) even though his previous conviction was possible, repeated driving of the instant case; (b) the level of drinking alcohol is high; (c) the risk of drinking alcohol driving; and (d) the need for strengthening the punishment therefrom.
Meanwhile, in full view of all circumstances such as driving distance, circumstances leading to crimes, circumstances after crimes, criminal records, prosecutor’s life penalty (one year of imprisonment), etc., the decision is made as per Disposition.