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 November 22, 2007, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 1.5 million for the same crime in the same court on June 30, 2015.
【Criminal Facts】
On March 14, 2020, at around 23:50, the Defendant driven a car under the influence of alcohol with approximately 40 meters alcohol concentration of about 0.161%, from the section of about 40 meters from the border to the road in front of the D liquor located in C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Reports on the occurrence of a traffic accident, on-site photographs, investigation reports on the actual condition of a traffic accident, on-site inspection photographs, and investigation reports (limited to attachment of ctv images);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and other Acts and subordinate 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. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account