도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and three months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On January 23, 2008, the Defendant was sentenced to a fine of KRW 15 million for a violation of the Road Traffic Act (driving) at the Daegu District Court and the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of the Daegu District Court on March 25, 2010. On April 29, 2015. On February 18, 2016, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act (driving).
[2] The Defendant, despite the fact that there was a record of violating the prohibition of drinking driving as seen above, driven a Funch GL car at around 800 meters away from the Kaf C, which was located in the Kafin B on October 17, 2020 to the front road located in D at the same time, while under the influence of alcohol of about 0.049% from the 80 meters section of alcohol during blood.
Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of investigative reports (the same type of criminal records as the suspect) by reference to inquiries, such as criminal history;
1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, and the order to attend a lecture (the case where a person who tried to do work and the deaf-mute after the completion of the arguments), the degree of alcohol concentration in blood (0.049%), drinking distance, driving experience, criminal experience, old mother who suffers from dementia in 2020, divorced from his wife in around 2020, support for undergraduate students and their children, and other circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by the order.