도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2009, the Defendant was issued a summary order of KRW 3 million for the same crime in the Seo-gu District Court Branch Branch Branch on the same crime, and on March 9, 2015, the same court issued a summary order of KRW 5 million for the same crime.
In the facts charged, the defendant was issued a summary order of one million won for the violation of the Road Traffic Act by the Daegu District Court on December 10, 2001, on April 4, 2005, on which a fine of two million won was issued for the same crime in the sex support of the Daegu District Court on September 26, 2004, on which a drinking driving was conducted on September 26, 2004, and was sentenced to a fine of three million won for the violation of the Road Traffic Act by the Daegu District Court on July 14, 2005.
However, Article 148-2(1) of the Road Traffic Act provides that "a person who has violated Article 44(1) or (2) not less than twice" is "a person who has violated Article 44(1) or (2) of the Road Traffic Act." Since the Road Traffic Act wholly amended on May 31, 2005, Article 44(1) provides for the prohibition of drinking under Article 44(1) of the Road Traffic Act, such power does not constitute a violation of Article 44(1)
Therefore, even if this part of the statement is deleted and this part of the crime power is excluded, the violation of Article 148-2(1) of the Road Traffic Act is recognized, so it is corrected ex officio.
On July 16, 2019, at around 12:36, the Defendant driven a DNA car while under the influence of alcohol concentration of about 0.220% in the section of approximately 8km for the Daegu Seo-gu B hotel, Seogu, Daegu-gu, the front road.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. Notification of the result of crackdown on driving under influence of alcohol (in addition to No. 5 below the evidence list);
1. Previous records: Application of inquiries, such as criminal records, investigative reports, and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose a sentence;