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 becomes final and conclusive.
Punishment of the crime
[criminal power] On April 15, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch, and a summary order of five million won for the same crime in the Daegu District Court’s Kim Branch on May 16, 2012, respectively. On April 7, 2015, the Defendant was sentenced to six months for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on April 7, 2015.
【Criminal Facts】
Although the Defendant violated the provision on the prohibition of drunk driving more than twice as above, on May 20, 2019, the Defendant driven a F-free motor vehicle under the influence of alcohol content of approximately 0.096% from the section of approximately 100 meters, from the road near Cju shop located in Gumi-si B to the front road located in Gumisi-si D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, each summary order, and application of Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend Education is that the defendant has been punished for the same crime, but it has been about four years prior to the date of sentencing, alcohol concentration in the blood of this case, the defendant's intention not to drive under influence again, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the conditions of sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors.