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 became final and conclusive.
Punishment of the crime
On July 2, 2007, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on May 15, 2018, the summary order of KRW 1 million to a fine for a violation of the Road Traffic Act was notified, respectively.
On August 18, 2019, at around 02:25, the Defendant driven B B benz car from the Do in the middle-gu, Daegu Suwon-gu, to the road front of the Daegu-gu Hospital of Korea Workers' Compensation and Welfare Service, which is located in 515, from the Do in the middle-gu, Daegu-gu, the Defendant driven approximately 15km.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking once or more times.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that, even though the defendant had the history of punishing the harmful effects of drunk driving twice, the defendant's decision on the suspension of execution requires a strict warning in that the control standard and statutory punishment were significantly strengthened after the enforcement of the current Road Traffic Act, and re-undertakes the drinking driving again after the enforcement of the Road Traffic Act. It is so decided as per Disposition for the reasons above.