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
[criminal power] On December 4, 2008, at the Daegu District Court, the Defendant issued a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act, etc., in the same court on June 13, 2012, and KRW 5,000,000 as a fine for the same crime in the Changwon District Court Msan Branch on September 17, 2013.
【Criminal Facts】
On May 21, 2020, at around 01:35, the Defendant driven DST7 car under the influence of alcohol level of about 0.171% in the 2km section from the front road of Daegu Northern-gu B to the front road of the same Gu Damoel.
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 statement of a drinking driver, and report on the result of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant again committed a crime of drinking alcohol even three times, which has been punished due to drinking driving, etc., and that the degree of blood alcohol concentration at the time is high, and the nature of the crime is not considerably good.
However, the punishment shall be determined as ordered in consideration of the fact that the defendant is in profoundly against his/her mistake, the period of time has elapsed from the final drinking power, and the age, character, conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc. specified in the arguments in this case.