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.
Criminal facts
On December 13, 2010, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 13, 201, and on November 13, 2014, the Defendant violated the Road Traffic Act (driving) by receiving a summary order of KRW 2 million with a fine of KRW 2 million from the Daejeon District Court on December 13, 201.
On May 31, 2019, at around 09:29, the Defendant driven a Cknife car from around approximately 1.4km from the Seo-gu Daejeon-dong to the front road of the same Gu while under the influence of alcohol of 0.153% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Arrest report of the occurrence of the case, notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, circumstantial statement of the drinking driver, and circumstantial report of the drinking driver;
1. Registers of driver's licenses;
1. On-site and photographs of drinking;
1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Act on the Suspension of Execution (the crime of this case is driven under the influence of alcohol not less than twice in spite of the history of driving under the influence of alcohol, the responsibility for the crime is very heavy in view of the danger and harm caused by drinking alcohol, and the degree of alcohol concentration in blood, other than the above drinking power, the defendant is highly likely to be subject to criticism because of the criminal records of the same kind of fine, and the defendant has a high risk of criticism, and the defendant has not committed a traffic accident; there was no criminal record exceeding a fine; there was no record of crime exceeding a fine, and the social ties relationship is clear, such as sincere life, etc.);
1. Probation, order to attend a lecture or order to provide community service shall be governed by Article 62-2 of the Criminal Act and the Act on Probation, etc.;