도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 18, 2007, the Defendant received a summary order of KRW 1,50,000 from the Jung-gu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,00,000 from the Jung-gu District Court on April 8, 2014 to a violation of the Road Traffic Act.
On September 16, 2018, around 07:30, the Defendant driven a B-car under the influence of alcohol by 0.118% from the 2km section of approximately 2km from the upper 2km to the upper on the road of the Dog-si of the Government-si of the Republic of Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant for sentencing of Article 62-2 of the Criminal Code requires strict punishment for the crime to prevent recidivism, since he/she repeats drinking without any particular reason, even though he/she had a record of being punished for drinking, as stated in the facts constituting the crime in the judgment.
There are two times the past records of fines due to drinking driving.
At the time, alcohol concentration is also high.
However, there is no criminal conviction or more than a suspended sentence for the same crime against the defendant.
In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.