도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Records of Crimes】 On February 13, 2015, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 13, 2015, and a summary order of KRW 1.5 million for the same crime at the same court on June 7, 2016, respectively, on at least two occasions, and violated Article 44(1) of the Road Traffic Act.
【Criminal facts” around May 31, 2017, around 00:36, the Defendant driven B SP motor vehicle under the influence of alcohol concentration of about 0.141% in a section of about 200 meters, from the roads adjacent to the station in Jung-gu Incheon, Jung-gu, Incheon, 59 Ga-ro to the two parallels.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to the same criminal record and summary order);
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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, once again driven alcohol while having had a record of criminal punishment for driving under drinking twice during the last two years.
The drinking numerical value caused by the instant crime is not easy.
Considering the social risk of drinking driving as well as the fact that the defendant repeats drinking in a short period, there is a need to punish the defendant's crime frighten.
However, the defendant is able to recognize the crime from investigative agencies to this court and not repeat the crime by showing a strong reflective appearance.
It seems that the driving distance of drinking driving is not visible.
previous two times.