도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 June 12, 2012, the Defendant violated the prohibition of drunk driving by receiving a summary order of a fine of three million won for a violation of the Road Traffic Act from the Seo-gu District Court Branch of the Daegu District Court on June 12, 2012.
【Criminal Facts】
On October 10, 2019, at around 00:10, the Defendant driven the EALICK 125I 124.8c bicycle under the influence of alcohol with approximately 0.052% of alcohol concentration from the front of the C convenience store located in Seogugu, Daegu to the front of the same day at around 00:05 on the same day.
As a result, although the defendant was punished for drunk driving, he again driven a motorcycle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the detection of any suspected violation of the Road Traffic Act, reporting on the state of a driver, reporting on the state of a driver, reporting on the control of a drunk driving, and reporting on the control of a drunk driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime in spite of the fact that he/she was punished once by a fine due to drinking alcohol driving.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.