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 November 7, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daegu District Court.
On April 18, 2020, at around 00:54, the Defendant driven an Epoter cargo vehicle under the influence of alcohol leveling 0.094% of alcohol level from the front side of C located in Seongbuk-gun B to D village entrance.
As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and 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. Special consideration shall be given to the defendant's reflection of the reason for sentencing under Article 62 (1) of the Criminal Act, economic situation, traffic crime records (six times a fine), the degree of taking principal and the distance of drinking driving, etc.