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 January 28, 2014, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch on January 28, 2014. On August 31, 2017, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Kimcheon Branch on August 31, 2017.
【Criminal Facts】
On October 22, 2019, at around 22:43, the Defendant driven a e-wing truck under the influence of alcohol concentration of about 0.148% at the section of about 3 km from the roads in front of the Gu-si B market to the roads in the same city C, and from the section of about 3 km from the roads in front of the D convenience point.
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 inquiry into the results of the control of drinking driving;
1. Investigation report (only with respect to listening to reporter's telephone statement), 112 report processing table, and closure photographs of CCTV images for crime prevention;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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, order to attend a lecture, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in the instant case, and other conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined