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 of the final judgment.
Punishment of the crime
[criminal power] On October 12, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.
【Criminal Facts】
The defendant is a Track driver.
On July 16, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.22% from the Ddong parking lot of the building in Nam-gu, Seoul to the neighboring road of the same route at the time of port on July 21, 2020.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Report on the state of driving under the influence of alcohol, report on the state of driving under the influence of alcohol, report on the state of drinking drivers, report on the state of drinking driving under the influence of alcohol driving, photographs of the results of the control of drinking driving under the influence of alcohol, investigation report (related to the confirmation of CCTV images), and investigation report (related to
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Considering the fact that the relevant Article of the Act on Criminal Facts, the selection of punishment, and Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of sound driving, the selection of imprisonment), and the blood alcohol concentration are highly high;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident is not caused, the fact that a traffic accident is not caused due to the operation of this case, and the fact that an acting driver and an acting driver have been driven for parking on the wind that an acting driver has left without completing parking due to disputes between a acting driver and an acting driver's expenses);
1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that a person has been sentenced to a fine for a non-licensed driving in addition to the previous records);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;