도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and six 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
The Defendant received a summary order of KRW 3.5 million from the Daegu District Court on Nov. 2, 2007 due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million as of April 18, 2018.
On September 3, 2019, at around 03:30, the Defendant driven a e-cub vehicle while under the influence of alcohol leveling 0.083% of alcohol level at approximately 2.3km from the road in front of D elementary school located in C from the Do adjacent to the Daegu North-gu B market.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although Article 62-2 of the Probation Criminal Act has twice the history of punishment for drunk driving for reasons of sentencing, the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has been enforced since the enforcement of the Road Traffic Act to eradicate harm caused by drunk driving, and in particular, it is necessary to select a sentence by requiring a strict warning, because it is likely that the crime is not easy and the high risk of recidivism is likely to occur, considering the fact that there is no punishment heavier than imprisonment without prison labor for the same crime, the execution of a sentence is suspended by taking into account the defendant's age and occupation, and the strict control and supervision of the probation officer is necessary to prevent recidivism for more than one year.