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 5, 2008, the defendant has been notified of a summary order of KRW 1.5 million due to a violation of the Road Traffic Act, etc. at the Daegu District Court on December 5, 2008.
On November 30, 2019, at around 03:22, the Defendant driven C SP car while under the influence of alcohol leveling approximately 0.084% of alcohol level from the Do in front of the Daegu Suwon-gu B commercial building to the front road of the North-gu citizen playground located in Guamamro.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although there is a history of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Probation Criminal Act, the probation officer's execution of the sentence shall be suspended by taking into account the fact that there is no history discovered by drunk driving for at least 10 years, there is no punishment for imprisonment without prison labor or heavier, and the defendant's age and occupation is considered to assist the strict management and supervision of the probation officer to prevent recidivism, and the probation is imposed for more than 10 years, considering the fact that the control standard and statutory punishment have been significantly strengthened after the implementation of the current Road Traffic Act, and the current Road Traffic Act has been significantly strengthened.