도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and three 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
[criminal power] On August 2, 2010, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court, and a summary order of 4 million won for the same crime at the same court on September 6, 2010, respectively. On January 18, 2011, the Defendant was sentenced to a suspended sentence of 6 months for the same crime by the same court.
【Criminal Facts】
On May 6, 2020, at around 03:35, the Defendant driven an eFst or other car while under the influence of alcohol concentration of about 0.079% from the 3km section to the front road of Daegu Water Station D, which is located in Daegu Water Station B. The Defendant driven an eFst or other car under the influence of alcohol concentration of about 0.079%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant’s legal statement, report on the circumstances of his/her driver, investigation report, investigation report, and inquiry into the records of the crackdown on drunk driving;
1. Previous records of judgment: Application of three copies of criminal records, investigation reports (verification of sound driving records), written judgments, and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and order to attend a lecture, the reason for sentencing under Article 62-2 of the Criminal Act - the time of committing a crime;
Even though 4 times of imprisonment driving force (including imprisonment with prison labor), it was re-offending, however, 10 years have passed since the last force, the blood alcohol concentration was 0.079%, and the accidents have not occurred.