도로교통법위반(음주운전)
The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On August 31, 2009, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon branch of Kimcheon, and on January 24, 2013, the Defendant was sentenced to a fine of KRW 4 million for the same crime. On April 28, 2017, the Defendant was issued a summary order of KRW 5 million for the same crime in the Daegu District Court Port Branch of the Daegu District Court.
【Criminal Facts】
On July 21, 2020, around 05:45, the Defendant driven an Epoter cargo vehicle under the influence of alcohol level of 0.109% at a section of about 300 meters of alcohol level from the Do in front of the same Gu from the Do in Southern-gu B to the Do in front of the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. A written investigation into the actual state of the defendant's oral statement;
1. Notification of the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;
1. Previous convictions: Criminal records, written judgments and application of each summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (which shall be taken into consideration the occurrence of traffic accidents caused by imprisonment, blood alcohol concentration and driving of this case) of the option of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20
1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any record of punishment heavier than that of the suspended execution);
1. Order to attend lectures under Article 62-2 of the Criminal Act;