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 September 5, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on September 5, 2007. On April 15, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Daegu District Court racing support.
【Criminal Facts】
On October 1, 2020, at around 03:20 on October 1, 2020, the Defendant driven the EFC125 Orala while under the influence of alcohol with approximately 150 meters alcohol concentration of about 0.236% from the front of the Bridge in the front of the Bridge to the D Bathing Road.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to criminal reporting reports on criminal records, such as notification of results of drinking driving control;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Act on Suspension of Execution; (b) the blood alcohol concentration; and (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime; and (c) the various sentencing factors