도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 26, 2010, the Defendant issued a summary order of KRW 2 million at the Incheon District Court to a fine of KRW 2 million for a crime of violation of the Road Traffic Act, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court on January 25, 2012, and a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Incheon District Court on October 29, 2014.
【Criminal Facts】
On November 10, 2018, at around 23:24, the Defendant driven B rocketing car with a blood alcohol concentration of about 0.110% from the section of about 1km from the front of the Jung-gu Incheon Metropolitan City, to the front of the king Bathing Beach road.
As a result, the defendant was punished not less than twice due to drinking driving, but he again driven under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (No. 9), and each summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
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 Code of the Order to Attend education or community service order has the record of being sentenced to a fine several times due to a violation of the Road Traffic Act. The Defendant’s blood alcohol concentration at the time of the instant case is relatively high. Meanwhile, the Defendant’s crime of this case is against the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the commission of the crime, etc., comprehensively taking account of the following factors, the sentence identical to the order shall be determined.