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 January 19, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court on January 19, 2012, and a fine of KRW 5 million for the same crime from the vice branch of the Incheon District Court on March 7, 2012, and was sentenced to a summary order of KRW 5 million for the same crime at the Incheon District Court on January 25, 2017.
【Criminal Facts】 Around April 6, 2019, the Defendant driven a Done Star Co., Ltd. under the influence of alcohol leveling of about 0.095% from the section of about 500 meters from the front of the Dacheon-si B building to the front road of the same city.
Accordingly, the defendant was punished for a violation of the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A survey report on actual conditions, a request for appraisal, and a report on actual conditions of the driver concerned (applicable final acceptance);
1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;
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 three times (two times a fine and one time a suspended sentence) due to a violation of the Road Traffic Act (driving). The defendant committed the instant crime at another time immediately after the period of the same suspended sentence expires, and the defendant committed a contact accident at the time of the instant case. In light of the above, it is reasonable to sentence the defendant to prevent recidivism.
However, the defendant recognized the crime of this case and reflects it, and again, he does not drive the drinking.