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 history] On August 23, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court and racing support. On October 13, 2016, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.
[2] The Defendant 1 driven a 1 ton cargo vehicle E in the form of alcohol alcohol concentration of approximately 0.133% from around 13:00 on October 30, 202 to around D, from around 800 meters to around D, even though he had the history of violating the provision prohibiting driving of drinking, as seen above.
Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes on the report of investigation (the criminal records of the suspect);
1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The grounds for sentencing under Article 62-2 of the Criminal Act Article 62-2 of the Act on Suspension of Execution include the following: (a) background of the instant crime; (b) degree of alcohol content during blood; and (c) records of the instant crime; and (d) the Defendant’s age, sex, criminal conduct, environment, family relationship; and (e) circumstances after the instant crime; and (b) the punishment as ordered shall be determined by comprehensively considering all the factors of sentencing as indicated in