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 March 18, 2010, the defendant was notified of a summary order of a fine of 1.5 million won by the Daegu District Court for the crime of violation of the Road Traffic Act.
On December 22, 2019, at around 01:50, the Defendant driven a D low-water vehicle while under the influence of alcohol leveling 0.04%, from the front of the Jung-gu Office of Jung-gu, 139, to the front of the water-gu C in the hydro-gu B.
As a result, the defendant violated the prohibition of drunk driving more 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, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);
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. Although there was a history of punishment for driving under the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the current Road Traffic Act, in which the regulatory standard and statutory punishment have been greatly strengthened after the enforcement of the Road Traffic Act, and thereby, requires the adoption of imprisonment for the reduction of drinking again. However, the execution of a sentence shall be suspended by taking into account the following factors: (a) there has been no same record of punishment for the last ten years or more; (b) the blood alcohol concentration level falls considerably short of the criteria for revocation of license; (c) the disposal of a vehicle to prevent recidivism in light of depth; (d) the Defendant’s age, occupation and economic conditions; and (e) the Defendant’s own will and effort to restrain the impulse of recidivism sufficiently by itself in light of
b. It is so decided as per Disposition for more than one reason.