도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 9, 2008, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and on March 4, 2009, at the Daegu District Court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act, etc., and on October 4, 2016, the Defendant issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seobu branch branch of the Daegu District Court.
On April 5, 2020, at around 06:55, the Defendant driven CK7 car while under the influence of alcohol content of about 0.121% at approximately 10km section from the front of the restaurant located in Geum-gu, Daegu Geum-gu to the front of Daegu-gu.
Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act at least once, was driving under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records);
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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake