도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
Criminal facts
On May 19, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on May 19, 2008; on April 19, 2013, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) was issued; on May 16, 2014, the Defendant was sentenced to a summary order of KRW 15 million for a fine of KRW 6 months for a crime of violating the Road Traffic Act (driving) at the Sejong District Court’s Goyang Branch of the Suwon District Court on February 17, 2016.
Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, the Defendant driven a vehicle under the influence of alcohol from around 11:20 on March 21, 2019 to around 700 meters of alcohol alcohol level 0.149% from the road in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, to the front road of the same Gu D Building.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (report accompanied by a copy of identical criminal records and written judgments);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was sentenced to a suspended sentence of six months by imprisonment with prison labor on May 16, 2014 due to the crime of violation of the Road Traffic Act (driving) committed by the defendant at least five times after he/she was sentenced to a fine for the crime of violation of the Road Traffic Act (driving). While he/she was sentenced to a fine by the Incheon District Court on February 17, 2016 in relation to the crime of violation of the Road Traffic Act (driving) committed again during the grace period, he/she again committed the same kind of crime.