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 September 8, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch on September 8, 201, a fine of KRW 5 million for the same offense from the Daegu District Court on September 14, 2012, and a fine of KRW 6 million for the same offense from the Incheon District Court’s Vice Branch on April 8, 2015, and was sentenced to a suspended sentence of two years for the same offense on April 12, 2017.
【Criminal Facts of Crimes】 On April 13, 2019, the Defendant driven a dial vehicle in the state of drunk alcohol concentration of about 0.066% from a section of about 1km from the side of the Busan apartment to the front road of the same city, from April 13, 2019 to the 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. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry records, court rulings, and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44(1) of the 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, needs to be strictly punished for a serious crime in which not only the person himself, but also another person's life, and the defendant has a record of being punished four times (three times a fine and one time a suspended sentence) due to a violation of the Road Traffic Act (driving) and committed another crime during the suspended sentence period. 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 recognizes the crime of this case and reflects it, and again, he does not drive the drinking.