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 became final and conclusive.
Punishment of the crime
On September 3, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in Daegu District Court racing support.
On June 24, 2020, at around 00:08, the Defendant driven a C Poter Ⅱ in the state of alcohol alcohol concentration of about 0.103% in the section of about 10km from the 10km to the road near the site distance in the same city, south of the city.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. A report on the actual condition of the defendant's statutory statement, statement and control of drinking driving;
1. On-site photographs;
1. An inquiry report, such as a criminal history;
1. Application of Acts and subordinate statutes to the unused report on disposal and the result of confirmation;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of blood alcohol concentration; (c) the criminal records; and (d) the Defendant’s age, environment; (d) character and conduct; and (e) the various factors of sentencing specified in the records