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 August 16, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court on August 16, 2007 and was punished for a violation of Article 44(1) of the Road Traffic Act.
【Criminal Facts】
On December 26, 2018, at around 05:40, the Defendant driven a G rocketing car owned by F while under the influence of alcohol content of approximately 0.115% from the front of the “C”-limited restaurant in Daegu-gu B to the front of the E-Road in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of a violation of the Road Traffic Act, a report on the state of his/her driving, and a report on the control of drinking;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to the summary order, etc. of related cases), all the documents, such as summary order of related cases, and application of Acts and subordinate statutes of integrated case search and output;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order have been punished several times for the same crime, and the fact that the crime is not good is disadvantageous to the defendant.
However, the punishment as ordered shall be determined by taking into consideration the following factors: the Defendant’s confession of the crime of this case and his mistake is divided; the Defendant’s age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.