도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Punishment of the crime
On June 5, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and on June 26, 2007, from Incheon District Court to a fine of KRW 700,000 as a fine for the same crime. On September 6, 2007, the Defendant was sentenced to a suspended sentence of KRW 2 million for 4 months for a violation of the Road Traffic Act from the Incheon District Court's Vice Branch Office, etc. on September 6, 2007. On November 26, 2009, the Defendant was sentenced to a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the same court on April 22, 2010.
On November 8, 2014, at around 00:25, the Defendant driven a dial vehicle in the state of alcohol with a 0.128% alcohol concentration from a section of approximately 400m of alcohol to the front road of the National Bank of Korea, approximately 455m of the same Gu inspection team, from the front road of the National Bank of Korea.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol and inquiry into the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (verification of previous records and the end date of execution of punishment) and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of applicable sentences by law: Imprisonment for one year to three years; and
2. Determination of sentence: Imprisonment with prison labor for one year, suspended sentence for three years, community service, 160 hours, 40 hours to attend a lecture (limited to a reasonable circumstance), motor vehicle sale, family support (limited to an unsound circumstance) and repeated drinking driving;