도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six 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 October 2, 2014, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on May 4, 2015, to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, which was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Daegu District Court on February 2, 2015.
Although the Defendant had been in violation of the provision on the prohibition of drinking alcohol driving under the Road Traffic Act two or more times, the Defendant driven the ENAS car at approximately 0.132% of alcohol content in the section of about 300 meters from around 16:16, around 23:16, 2019, while driving the ENAS car at around 0.132% of alcohol alcohol level from the 300-meter section.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);
1. Relevant Article of the Act and Article 148-2 (1) 1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply in force on June 25, 2019) concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that there are two or more records of the reasons for sentencing in Article 62-2 of the Probation Criminal Act, and that the blood alcohol concentration exceeds the criteria for revocation of license, risk of repeating a crime is likely, choice of imprisonment at a strict warning level, the execution of a sentence shall be suspended in consideration of the fact that there is no punishment of imprisonment without prison labor or heavier, the defendant's age and occupation, etc., and probation shall be imposed in order to prevent recidivism. It is so decided as per Disposition on the grounds above.