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 becomes final and conclusive.
Punishment of the crime
[criminal power] On October 18, 2005, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act by the Daegu District Court. On March 9, 2006, the same court was sentenced to imprisonment for 6 months or 2 years for a violation of the Road Traffic Act. On January 20, 2009, the same court was sentenced to a summary order of 3 million won for a violation of the Road Traffic Act (driving) and the same court was sentenced to a summary order of 1.5 million won for a fine by the same court on April 23, 2009.
【Criminal Facts】
At around 22:30 on September 12, 2020, the Defendant driven Done Star Motor Vehicle under the influence of alcohol 0.143% in the section of approximately 1.4 km from the Daegu Water-gu B to the front road of the same Gu C.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, site photograph, actual condition survey report, report on the actual condition of a driver, status of a driver, and investigation report (report on the actual status of a driver of an employer);
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service - The defendant, even though his/her history of punishment for drunk driving was four times, caused physical accidents by drinking alcohol, and the blood alcohol concentration is also 0.143%.
- time to commit the offence;
At least 10 years have passed since the final punishment period for drunk driving.