도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
The Defendant, at the Seoul Southern District Court on September 14, 2007, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on May 29, 2008, sentenced to a fine of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Gangnam District Court on March 29, 2008. On August 14, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 14, 2008. On January 11, 2013, the Defendant was sentenced to a fine of KRW 5 million by the Incheon Southern District Court on January 11, 2013.
On March 15, 2019, at around 00:10, the Defendant driven D 125cc PC X-bab while under the influence of alcohol concentration of approximately 0.145% from around 30 meters to the front distance of the public parking lot located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. provides that the defendant's responsibility is less than that of the defendant in light of the following: (a) although the defendant was punished four times for the same crime as the previous offense in the judgment, and the drinking water of this case is relatively high;
However, the three-time criminal records have become somewhat old, and the defendant has no criminal records of the suspension of the execution of imprisonment.
The driver's license for the driver's license for the driver's license for the driver's license for the driver's license is relatively low.