도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six 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 25, 2016, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on July 11, 2016, the Defendant received a summary order of KRW 7 million from the Incheon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On December 14, 2019, around 04:20 on December 14, 2019, the Defendant driven a C motor vehicle with a alcohol level of about 0.208% under the influence of alcohol in the 2km section from the roads located in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu to the front road of the same Gu B.
As a result, the defendant had already been punished for a drunk driving, but he again passed a drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant was involved in an accident while driving again under the influence of alcohol even though he was recently punished twice for the same kind of crime, and such defendant's behavior is subject to criticism.
However, it shall be considered as a favorable factor that there is no other record of crime, and that the disposal of the vehicle driven and the disposal of the vehicle would not drive under the influence of alcohol again, and the degree of other drinking, the age, character and conduct, and environment of the defendant as shown in the records of this case shall be determined by taking into account the various sentencing conditions of Article 51 of the Criminal Act as stated in the records