도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence 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 March 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act from the Seoggu District Court's branch branch on the part of the Defendant, and a summary order of KRW 12 million for the same crime to the Daegu District Court on August 28, 2020, respectively.
[2] On July 22, 2020, the Defendant driven B erop Ⅱ while under the influence of alcohol concentration of about 0.102% in the section of about 10km from the 10km to the sloping-gun, Gyeongcheon-gun, Central Highway, from the 41st-ro, Dolcheon-gu, Daegu Northern-ro, Gyeongcheon-do, the Defendant driven the B erop Ⅱ in the state of under the influence of alcohol concentration of about 0.102% in blood at the direction of Chuncheon.
As a result, although the defendant had a history of punishment for drinking driving, he also driven a motor vehicle while under the influence of drinking.
Summary of Evidence
1. Inquiries into the defendant's legal statement report on the circumstances of the driver placed in driving and the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, and investigation status (verification of criminal records of the same kind as the suspect);
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, even though he/she had been subject to punishment several times for the same kind of crime, is disadvantageous to the Defendant, such as the driving of drinking at the same time and the high drinking level.
However, the sentencing conditions indicated in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.