도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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
On September 18, 2008, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court as a crime of violation of the Road Traffic Act.
At around 03:30 on May 11, 2020, the Defendant driven a DM5 car while under the influence of alcohol leveling 0.130% from the 30m section of the road in Daegu C convenience store.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of a suspect in violation of the Road Traffic Act;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation status (verification of the same criminal records) 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had a record of criminal punishment of a fine on one occasion due to drunk driving, repeated the same crime.
At the time of the instant case, the Defendant’s blood alcohol concentration is considerably high to 0.130%.
In light of these points, it is necessary to strictly punish the defendant.
However, in light of the fact that the defendant has been aware of the fact of the crime, the fact that there is no record of criminal punishment exceeding the fine, etc., which is favorable to the defendant, the defendant's age, character and behavior, environment, family relationship, home environment, circumstances after the crime, etc., and the various sentencing conditions specified in the records and arguments of this case, such as the records and arguments of this case, shall be determined as ordered