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
[criminal power] On February 23, 201, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on February 23, 201, and a summary order of KRW 4 million by the same court on January 18, 2013, respectively. On April 10, 201, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.
【Criminal Facts】
On April 24, 2019, at around 15:52, the Defendant driven a DSS6 car from the “C” parking lot located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon to the front road of the 1821 lane as Gyeonggi Kim Jong-si, while under the influence of alcohol concentration of about 0.082%, from around seven kilometers to the intersection of the 1821 lane.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, judgment, and application of Acts and subordinate statutes related to summary order;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, requires a strict punishment for a serious crime that may lead not only to the life of a person, but also to the life of a person, and the defendant has been punished four times due to a violation of the Road Traffic Act and a violation of the Road Traffic Act. Among them, the defendant committed the crime of this case on two occasions only the punishment power of suspended execution. In light of the fact that the defendant committed the crime of this case, it is reasonable to sentence the defendant to prevent recidivism.
However, the defendant recognized the crime of this case and said that he would not drive under the influence of alcohol again, and the defendant seems to drink until 02:30 on the day of this case, but he did not drive the vehicle at the time.