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 November 6, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.
【Criminal Facts】
On August 15, 2019, the Defendant was under the influence of alcohol of 0.11% on blood alcohol level at around 06:08, the Defendant driven BSP car at the 25km section from the front side of the restaurant located in Daegu Jung-gu to the upper direction of the 161.1km of the Gyeongnam-gu, Gyeongnam-gu, Gyeongnam-gu, Gyeongnam-do, Gyeongnam-do.
As a result, the Defendant violated the prohibition of drinking driving, and again driven a car under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of violations of the Road Traffic Act;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;
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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant had a record of criminal punishment once due to drunk driving in the past, but repeated the same crime.
At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.11%, and at the same time, the highway was 25 km or more, and the vehicle was controlled on the side of the expressway while driving the expressway.
In light of these points, it is necessary to strictly punish the defendant.
However, the records of this case, such as the defendant's age, character and behavior, environment, family relationship, home environment, circumstances after the crime, and circumstances after the crime, are considered as favorable to the defendant.