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
[Criminal Power] On October 8, 2009, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in Daegu District Court racing support.
【Criminal Facts】
On July 11, 2020, at around 21:25, the Defendant driven a Fworkst car in the state of alcohol alcohol concentration of about 0.149% from the 4km section from the front of the C cafeteria located in the Sin-si B to the front of the E cafeteria located in the same city.
As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol again, and driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Application of Acts and subordinate statutes to criminal investigation reports after making inquiries into the criminal defendant's legal statement, statement, control of drinking driving and criminal records, etc.;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of blood alcohol concentration; (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship; and (e) the various factors of sentencing specified in the records and arguments