도로교통법위반(음주운전)
The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On February 1, 2010, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Port Branch of Daegu District Court on February 1, 201, and received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on May 3, 201. On December 15, 201, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on December 15, 2011.
【Criminal Facts】
At around 03:40 on September 28, 2019, the Defendant driven a fluent car with approximately 50 meters alcohol concentration of about 0.118% while under the influence of alcohol at approximately 0.118% from the 50m section, from the ccafeteria near the cafeteria located in the north-gu, Mapo-si, Mapo-si, Mapo-si, to the E-cafeteria in the south-gu, Po
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, and the fact that there exists a record of being punished by a fine of three times due to a drunk driving);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account the fact that a fine due to a drunk driving was imposed and that there is no other criminal records;
1. Order to attend lectures under Article 62-2 of the Criminal Act;