도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two 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
On January 6, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch.
On June 24, 2019, at around 16:46, the Defendant driven an Ecopi truck under the influence of alcohol leveling 0.215% from a section of about 200 meters from the front of the C cafeteria located in Gumi-si B to D front roads.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of the occurrence of a traffic accident of F;
1. A photograph of a ledger using a drinking measuring instrument, on-site photograph, a survey report on the actual condition, and CCTV for crime prevention;
1. Previous records of judgment: Investigation report (verification of suspect A's records of driving alcohol), criminal records, etc. and application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Suspension of execution under Article 62 subparagraph 1 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. Scope of applicable sentences under law: One year to three years;
2. Application of the sentencing criteria is not set. 3. The attitude after the crime is considerably good, such as moving to the chief class to conceal the occurrence of a traffic accident while the defendant, who was sentenced to the sentence on March, 200, made a false statement that he was not driving.
The defendant has been punished for the same crime.
However, there is a reason to consider the fact that the defendant has recognized all the crimes in the middle of investigation, and that there is no penalty power exceeding the fine.
In addition to the aforementioned various circumstances, various sentencing conditions, including the defendant's age, character and conduct, occupation, criminal record, circumstances after the crime, and attitude after the crime, shall be determined as per the disposition.