도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and two months.
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 November 16, 2009, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On January 5, 2015, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) from the Suwonnam Branch Support on January 5, 2015, and on May 2, 2017, a fine of KRW 6 million for a violation of the Road Traffic Act (driving).
On February 27, 2019, the Defendant, who violated the provision on the prohibition of drunk driving twice or more, driven C-cracking car under the influence of alcohol by 0.205% in a distance of about 500 meters from the front of a cafeteria, which is located in the Guri-si, Guri-si, Guri-si, to the front of the same city B.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on internal accidents, reports on the situation of driving under the influence of alcohol, and audits on the results of the control of drinking alcohol;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include several previous crimes of the same kind, and the fact that the defendant was sentenced to suspended sentence on June 8, 2017 due to a violation of the Road Traffic Act (unlicensed Driving) and again committed the instant crime, the defendant's blood alcohol concentration was higher than that of the Defendant, and the defendant's age, character and behavior and environment, motive, means and consequence of the instant crime, and other conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration the following factors.