도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Daegu District Court on January 28, 2008, and on February 22, 2011, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for a crime of violating road traffic laws.
【Criminal facts】 On October 8, 2017, the Defendant driven B-low-water vehicle under the influence of alcohol level of about 0.090% in blood alcohol level from the 3km section to the road front of the 1095 Seogmun-gu, Daegu-gu, Seoul-gu, “Sam University” located in 1095, to the road front of the 58-ro, Seogu-gu, Seoul-gu, “Sam University.”
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, and investigation report (report on the situation of the driver of drinking);
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already served on criminal punishment for the same kind of crime several times, and the crime of this case has already been committed at the same time, and the occurrence of a traffic accident (water accident) due to driving of drinking of this case has occurred, and on the other hand, the defendant is attempting to commit the crime of this case, including the drinking value and driving distance, and various circumstances shown in the arguments of this case