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 February 12, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court, and KRW 1.5 million for the same crime at the same court on November 17, 2017, respectively.
【Criminal Facts】
On September 5, 2020, at around 22:20, the Defendant driven a F-nick-in car with approximately approximately KRW 500 meters alcohol concentration 0.070% in the section of approximately 500 meters from the front road in Daegu Dong-gu B to the front four streets in the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, inquiry about detection report and management, and inquiry about the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes governing 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. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
Despite the record of punishment for the crime of drunk driving, the crime of this case has been committed again.
The favorable circumstances: Recognizing the crime, it is against the law.
The occurrence of human and material damage was not caused by traffic accidents.
The vehicle is disposed of, and again, not to drive under the influence of alcohol.