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 September 28, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court on September 28, 2017, and KRW 5 million for the same crime in the same court on March 23, 2018.
【Criminal Facts of Crimes】 Around 05:55 August 12, 2020, the Defendant driven a F Spart-type car under the influence of alcohol 0.151% of alcohol content at the section of approximately 2km from the front of the Chys Association located in the North-si, North-si, North-si, North-si, North-si, and the front distance in the same Gu from the front of the Ehys Association located in D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the situation of a drinking driver), the report on the status of driving under drinking, the report on the internal history (related to field photographs), and photographs;
1. Previous convictions indicated in judgment: Criminal records, inquiry report, attachment of criminal records, application of Acts and subordinate statutes of a summary order;
1. Taking into account the fact that the relevant Article of the Act on Criminal Facts, the selection of a punishment, 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 higher, etc.;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that there is an anti-accident and the fact that there is no traffic accident caused due to the driving of alcohol in this case);
1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, considering that the defendant has no record of punishment except for the punishment under the records in the judgment);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;