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
[criminal history] On June 4, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court. On April 6, 2010, the same court issued a summary order of KRW 2 million for the same crime. On July 22, 2010, the same court issued a summary order of KRW 3 million for the same crime. On September 7, 2010, the Defendant was sentenced to a summary order of KRW 3 million for the same crime, and was punished for drinking driving two or more times, such as imprisonment with prison labor for six months for the same crime at the Daegu District Court.
[Fact of crime] On October 22, 2016, the Defendant driven a sports cargo vehicle C in the state of alcohol of about 0.369% in the blood alcohol level from the front of the restaurant to the road of about 400 meters in which it is impossible to identify the name located in Pyeongtaek-dong, Seo-gu, Daegu-si, Daegu-si. to view the name.
Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A survey report on the actual condition of a driver, a statement on the circumstances of a driver in charge, a notification of the results of regulating the driving of alcohol, a report on the management of a report on the driving of alcohol, a report on collection of blood from a driver in charge, a response to requests for appraisal, a report on the detection of a driver in charge, a detailed inquiry,
1. Application of replys to inquiries, such as criminal history, and copies of written judgments, etc.;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is similar to that of the defendant, even though the defendant was punished several times, the driving of drinking at the same time, and the fact that drinking is very high is disadvantageous.
The defendant is led to his confession and reflect, and selling his own vehicle so that he will not drive alcohol in the future.