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
On November 10, 2006, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Daegu District Court. On August 10, 2007, the Defendant was sentenced to a suspended sentence of KRW 2 million for 6 months by imprisonment with prison labor for the same crime in the same court. On July 13, 2010, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime.
On May 20, 2019, at around 21:28, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.077% in the section of approximately 1km from a university in front of C in Daegu Northern-gu B to the front of the same D apartment.
Accordingly, the Defendant, who violated the prohibition on driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship
- Up to five times the history of punishment for the violation of the Road Traffic Act (driving), - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again