도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
On August 27, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on August 27, 2013 and a fine of KRW 4 million for the same crime in the same court on June 21, 2017, and a person who violated Article 44(1) of the Road Traffic Act at least twice.
On April 13, 2019, at around 08:55, the Defendant driven a Crash car with approximately 10 meters of alcohol concentration 0.193% under the influence of alcohol content on the roads near Songpa-gu Seoul.
As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, records on the measurement of alcohol, reports on the actions taken by drinking drivers, reports on the actual state of drinking drivers, and reports on the actual state of drinking drivers;
1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) and Acts and subordinate 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. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) the high possibility of traffic accident is likely to occur; (b) a dangerous offender who may not be able to engage in any unexpected behavior at the life and home of others; (c) a criminal has the record of being punished twice due to drunk driving, such as the record of criminal records in the judgment of the defendant; (d) the defendant has no record of being punished for a suspended sentence or heavier; and (e) the sentencing conditions in the trial process