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 Power] On November 29, 201, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 26, 2020, at around 20:0, the Defendant driven an E food car with approximately 60 meters alcohol concentration of about 0.208% from the road front of the C convenience store located in Daegu Dong-gu B to the D front road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. According to the reasoning of sentencing under Article 62-2 of the Criminal Act, a punishment as ordered shall be determined by comprehensively taking account of the following circumstances, Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the argument of this case, and a compliance driving lecture shall be imposed to prevent recidivism.
Unfavorable circumstances: Although there was a history of punishment due to drinking driving, the drinking driving has been repeated again.
The blood alcohol concentration level is high.
The favorable circumstances: The mistake is recognized.
The driving distance is not the same.
There is no history of criminal punishment heavier than imprisonment without prison labor.