도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On May 2, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (dacting driving) at the Seo-gu District Court Seo-Support on May 2, 2017.
[Criminal facts] On July 25, 2020, the Defendant driven a C-learning car under the influence of alcohol level of 0.136% from the 2km section from the Do in front of the restaurant where the trade name in the Daegu Seo-gu, Daegu is unknown to the front of the same Gu to the 2km road.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous conviction: Results of inquiry into criminal history data, and the application of Acts and subordinate statutes concerning criminal investigation status;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is an unfavorable condition, such as the fact that the Defendant committed the instant crime even though he/she had the record of being punished for driving under drinking, and that the drinking volume is high.
However, the sentencing conditions indicated in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.