도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On March 9, 2015, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 9, 2015. On November 8, 2017, the same court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving).
[2] On September 4, 2018, the Defendant, who violated the provision prohibiting driving of alcohol twice or more, driven a DK 3 car under the influence of alcohol with approximately 0.090% alcohol concentration of 0.090% at a section of approximately 1.5km to the front road of the city of Kimpo-si, Kimpo-si, Kimpo-si, on September 4, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. To refer to the results of the arrest report on the occurrence of the case, the situation report on the driving of drinking, and the crackdown on drinking;
1. Making teas;
1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (suspects' records of drinking twice);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.
The alcohol concentration among the blood of this case is 0.09% higher.
There are two times the records of punishment of fines for the same crime.
The favorable circumstances: The mistake is recognized and reflected.
In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, driving distance, and circumstances after the crime, and various sentencing conditions shown in the theory of change.