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 May 12, 2014, the Defendant was issued a summary order of KRW 5 million on the grounds of the violation of the Road Traffic Act (driving) with respect to the sex support by the Daegu District Court on May 12, 2014, and a summary order of KRW 5 million on June 15, 2017 with respect to the violation of the Road Traffic Act (Refusal of Drinking Measures) with respect to the Changwon District Court’s Masan Branch Branch, respectively.
【Criminal Facts】
On March 7, 2020, the Defendant driven a B Sti-type car under the influence of alcohol of about 3km from the front side of the new harbor located in the Gi-gu, Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-do to the front side of the sti-type road located in the same Ri, with approximately 0.167% alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Each photograph;
1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on the Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty [the choice of imprisonment, blood alcohol concentration and the driving of this case in consideration of the occurrence of traffic accidents caused by the occurrence of a traffic accident];
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;