도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two 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 April 9, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and KRW 3 million as a fine at the Daegu District Court on July 8, 2016, respectively.
【Criminal Facts】
On June 9, 2020, at around 21:40 on June 21, 2020, the Defendant driven a DNA car with a blood alcohol concentration of about 0.201% while under the influence of alcohol in the section of about 100 meters from the front of a restaurant in the vicinity of the Gero-gun B apartment house in the vicinity of the said apartment C-dong parking lot.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes governing summary orders;
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, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.
The blood alcohol concentration is also very high at the time of crime.
The favorable circumstances: Recognizing the crime, it is against the law.
The physical damage caused by a traffic accident was restored.