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 March 15, 2012, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Daegu District Court, and KRW 3 million as a fine in the same court on March 13, 2015, respectively.
【Criminal Facts】
On July 28, 2020, at around 16:00, the Defendant driven a F Ethth-sports cargo vehicle under the influence of alcohol level of about 0.085% in a section of about 100 meters from the front of C in Yongcheon-si B to the front of D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of the drinking driving control, the report on the situation of a drinking driver, the investigation report (report on the situation of a drinking driver), the inquiry into the results of the drinking driving control, and the written statement made by the police to G;
1. Previous convictions: Criminal records, investigation reports (verification of previous convictions), court rulings, 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. Along with the year 201 and twice the suspended sentence of imprisonment in 2003, a probation order, an order to attend a lecture, or an order to provide community service, which is capable of driving alcohol for the reason of sentencing Article 62-2 of the Criminal Act, re-offending.
Blood alcohol concentration is 0.085% higher.
- time to commit the offence;
It shall be taken into account the fact that the punishment for the suspension of the execution of imprisonment with prison labor has been more than 20 years, and that the defendant would not commit a second offense by disposing of the vehicle.