도로교통법위반(음주운전)
A 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
[Criminal Power] On November 28, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.
【Criminal Facts】
On June 27, 2020, at around 06:35, the Defendant driven a F rac vehicle in the state of alcohol alcohol concentration of about 0.167% from the front parking lot of Busan Metropolitan City B apartment Cdong through the E University located in the same city to the said apartment parking lot.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes;
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;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
In 2017, the crime of this case was committed again because it was punished for drinking driving in the year of 2017 and was not over 3 years.
The blood alcohol concentration is also very high at the time of crime.
The favorable circumstances: Recognizing the crime, it is against the law.