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
On December 3, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Daejeon District Court, and a summary order of KRW 2 million as a fine in the same court on February 17, 2017, respectively.
On January 1, 2020, at around 21:45, the Defendant driven a F K5 vehicle while under the influence of alcohol content of about 0.089% from the C frontway in Daejeon Seo-gu B to the E frontway in D.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement of control, report on the results of the drinking driving control, inquiry into the results thereof, report on the circumstantial statements of drinking drivers and report on the circumstances of drinking drivers;
1. The register of driver's licenses for tea and cars;
1. Written appraisal (the blood alcohol concentration numerical value);
1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order related to a suspect), and application of summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The circumstances favorable to the accused below):
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes, in light of the danger and seriousness of harmful effects of drinking driving and the circumstances in which the same criminal records are two times, etc., the punishment for the relevant crime is heavy, the depth of the error is divided, the degree of blood alcohol concentration at the time is not high, the driving distance was not high, and the driving distance
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;