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 July 3, 2009, the Defendant was issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act (Refusal of Drinking Measures) by the Daegu District Court.
【Criminal Facts】
around 06:52 on June 17, 2020, the Defendant driven Dununst Motor Vehicle from 06:52 to 3rd of the same city, while under the influence of alcohol content of about 0.118% from 5 kilometers to 0.5 kilometers of the same city.
Therefore, despite the fact that the defendant violated Article 44 (2) of the Road Traffic Act, which prescribes the duty to measure alcohol, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting the operation under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes concerning criminal records and investigation reports (the records of recidivism and non-licensed driving);
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. The reason for sentencing under Article 62-2 of the Criminal Act committed a second offense despite the fact that the defendant had been punished once due to drinking driving and refusal of drinking alcohol measurement.
At the time of the instant case, the blood alcohol concentration is also 0.118%.
However, considering the fact that the same criminal records of the defendant had both been punished by a fine and the last 2009, the punishment shall be determined by comprehensively taking into account the following factors: the defendant's age and behavior environment; the motive means and results of the crime; and the circumstances after the crime, etc.; however, the sentence shall be suspended only once. It is so decided as per Disposition with the intention to suspend the execution of the sentence.