도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six 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
On June 25, 2001, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act; on December 2, 2002, the same court issued a summary order of KRW 2 million for a fine of the same crime; on December 17, 2007, the Daegu District Court issued a summary order of KRW 3 million for the same crime; on April 2, 2009, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 10 million for the same crime from the Daegu District Court to the same crime; and on March 25, 2010, the Defendant was sentenced to a suspended sentence of KRW 6 months for imprisonment with labor for the same crime from the Daegu District Court to the same crime; and on March 25, 2010, a fine of KRW 10 million for the same crime, etc.
On September 4, 2019, at around 03:45, the Defendant driven a C UD car while under the influence of alcohol content of about 0.136% in a 10-meter parking lot located in the Daegu Suwon-gu B.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same kind of power);
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. Article 62 (1) of the Criminal Act;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship,
- Up to five times the history of punishment for the violation of the Road Traffic Act (driving), - the recognition and reflect of the crime, and again the refusal to drive under the influence of alcohol;