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
[criminal history] On March 17, 2011, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.
[2] On November 27, 2020, the Defendant driven CM5 vehicle under the influence of alcohol leveling 0.092% from around 500 meters away from the 500-meter section of alcohol level to the roads in front of the mutual influence cafeteria-dong, Chungcheongnam-gu, Seongbuk-gu, North-gu, Seoul, to the day before the same Gu B shooting distance.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report, and inquiry into the results of crackdown on the driving of drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, and the choice of imprisonment (in consideration of the fact that the amount of alcohol concentration in the blood is not lowered)
1. Article 53 and Article 55 (1) 3 of the Criminal Act to reduce the amount of loss (including the fact that there is a misunderstanding of any error, and the fact that the driving of the drinking of this case does not cause any traffic accident due to the driving of the drinking of this case);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of punishment except for punishment with the record in the judgment);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;