도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for a term of one year and four 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
[criminal power] On December 30, 2013, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on December 30, 201, and was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on March 18, 201.
【Criminal Facts】
On November 19, 2019, at around 19:50, the Defendant driven a FNAS car under the influence of alcohol concentration of about 30 meters from the D Elementary School in front of the Incheon Michuhol-gu Incheon Metropolitan City Ccafeteria to the front road of the Incheon E kindergarten.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same type of electric force), and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, even though he had been subject to punishment twice or more due to drunk driving, was involved in an accident while driving again under the influence of alcohol, and thus, is subject to criticism.
However, it shall be considered in favorable circumstances that there has been no history of punishment, driving distance is short, and that there appears to be wrong recognition and reflect, and considering the degree of the principal practice and other factors of sentencing specified in the records of this case, such as the defendant's age, occupation, character and conduct, the punishment shall be determined as ordered by taking into account the various factors of sentencing specified in Article 51 of the Criminal Act.