도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and four months.
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 September 28, 2009, the Defendant was under the summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch. However, on October 28, 2019, around 13:07, the Defendant driven a B Crasus 300C car in the direction of approximately 4km from the front of the Public Security Center located in the Gu and Sinsi-dong from October 28, 2019 to the rooftop street in the Gu and Sinsi-dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Photographs by cutting down the video at a exposed level contained in a report on the situation of running a motor vehicle under influence, a report on the control of drunk driving, a report on the results of the control of drunk driving, or a cV video recording;
1. Previous convictions in judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes of a summary order;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;
2. Application of the sentencing criteria: Not set;
3. The sentence shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's previous conviction, details and the time of the crime, the blood alcohol concentration and the defendant's investigation process and attitude in this Court at the time of the crime in this case;