도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Criminal facts
【Criminal Power】 On April 15, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on April 15, 2009, a fine of three million won for the same crime in the same court on August 16, 2011, and a fine of one year and two months for the same crime in the same court on September 29, 201.
【Pursuant to the above, the Defendant was a person who had a alcohol driving force on August 30, 2020, and driven a E-Id vehicle under the influence of alcohol content of about 70 meters from a section of about 0.095% of alcohol content to the front road of the above B building through D elementary school located in North-Gu C at the port of port from the front of the building north-gu at port to the north-gu at port of port.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on detection of suspected victims of violation of the Road Traffic Act, notification on the results of the regulation of drinking driving, and report on the situation statement of a drinking driver, respectively;
1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (applicable to judgment after confirmation of the same kind of force, and information on confinement of suspects);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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 and order to attend lectures shall take into account the degree of blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the fourth drinking driving, the last drinking driving and distance between time and time, the reflectivity of the accused and other penal power, etc.