도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 29, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months and two years of suspended execution for violating the Road Traffic Act in Daegu District Court and racing support.
On May 16, 2020, at around 01:19, the Defendant driven a C-A-hurd-purd-pured-car, while under the influence of alcohol 0.083% of the blood alcohol concentration, from around KRW 2km to the distance of the museum 186 at a certain distance of 186.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement in his oral statement, the investigation report on the results of the drinking driving control report (CCTV video security), the investigation report (the time when the drinking driving is completed), and the investigation report (the suspect A blood alcohol concentration trend);
1. Previous convictions indicated in the judgment: Criminal records, inquiry reports (A), investigation reports (former records of the same kind), and application of Acts and subordinate statutes to the Act and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and 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 on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)
1. The fact that an order to attend a lecture or an order to provide community service has a record of being punished for the same criminal record as the sentencing reason under Article 186(1) of the Criminal Procedure Act with the burden of litigation costs under Article 62-2 of the Criminal Procedure Act, and the risk of
However, it shall be considered as a factor for sentencing in favor of the fact that the blood alcohol concentration is not very high.
In addition, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined as per the disposition in consideration of all the circumstances.