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 June 5, 2008, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on the same support on August 31, 2010, a summary order of 2.5 million won or more for a violation of the Road Traffic Act, and on February 17, 201, the Defendant had the record of being sentenced to a fine of five million won or more for a violation of the Road Traffic Act at the Daegu District Court on February 17, 201.
【Criminal Facts】
On December 15, 2019, at around 18:30, the Defendant driven a D-to-purd vehicle with a blood alcohol concentration of about 0.170% in the 1km section from around the Nakdong River Sports Park in the Gumi-dong, 614 B, Gumi-si, to the front of the Gumi-si B C.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, on-site photographs, actual condition survey report and photographs;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;
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