도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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
On September 4, 2007, the Defendant issued a summary order of KRW 4 million for the crimes of violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court. On November 1, 201, the summary order of KRW 5 million for the same crimes, etc. in the Daegu District Court’s Port Branch Branch Branch of the Daegu District Court, and on October 7, 201, the summary order of KRW 5 million for the same crimes was issued, respectively.
On November 24, 2019, at around 13:55, the Defendant driven B, while under the influence of alcohol leveling 0.224% from approximately 540 meters from the construction site adjacent to the Chang-si Office located in Daegu-gun to the roads adjacent to the 16th Chodong-ro, Daegu-dong, the Defendant driven B, under the influence of alcohol leveling to 0.224%.
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 report on investigation (verification of the same criminal history as a suspect);
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 sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:
- The history of punishment for the violation of the Road Traffic Act (driving) is three times, - the recognition and reflect of the commission of the crime, and the further refusal to drive under the influence of alcohol;