도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On September 12, 2006, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act from the Daegu District Court and its branch court on January 31, 2007 to the Daegu District Court and its branch court on January 31, 2007 to a fine of KRW 2.5 million, and on April 17, 2012 to the Daegu District Court and its branch court on April 17, 201 to a fine of KRW 3 million for a violation of the Road Traffic Act.
【Criminal Facts】
On November 29, 2019, at around 15:20, the Defendant driven a F S500-AM car while under the influence of alcohol at approximately 0.206% of alcohol concentration from the 500-meter section of the E-leg located in D, from the front side of the 15:20-si of the racing to the upper road of the E-leg located in D.
As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the circumstantial statements of a drinking driver, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes governing the confirmation of records of drinking driving;
1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty (the driving of sound and the selection of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Confession and reflect) of the suspended execution;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;