도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On June 2, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court.
[2] On July 17, 2020, the Defendant driven a DM5 vehicle under the influence of alcohol leveling 0.154% from the 14km section from the 14km section to the 3rd road of the Daegu Western-gu, Daegu Northern-gu, Seoul-gu. (hereinafter “B”) around July 17, 2020.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of any case under the Traffic Act on the roads, notification of the results of regulating the driving of drinking, and a statement of the circumstances of the driver under driving;
1. Previous convictions in judgment: Inquiry about criminal history, status of investigation (verification of criminal history of the same type of crime), application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant, even though having been sentenced to a fine for the same kind of crime, has engaged in driving under the influence of drinking, and that drinking is highly high, is disadvantageous.
However, the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the Defendant’s confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is a family member to support, the Defendant’s age, sex, environment, family relationship, means and result of the crime, and the circumstances after the crime.