도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
The Defendant, at the Incheon District Court on September 22, 2014, was punished by a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on June 20, 2007, and was punished by a fine of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at least twice in the same court on June 20, 2007, and was in violation of Article 44(1) of the Road Traffic Act at least twice on May 22, 2017. On May 22, 2017, the Defendant was driving a luxing motor vehicle from approximately 700 meters from Silri-ri to Silri-ri, Incheon, Incheon, with a alcohol level of KRW 0.207 percent in the influence of alcohol during the alcohol level from May 22, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of the summary order No. 2014 High Court Order No. 17237, Incheon District Court Order No. 2007 High Court Order No. 2308, 207 High Court Order No. 23308
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):
1. The sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after crime, on the grounds of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, shall be determined as ordered.
A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.
There is no past record of punishment of imprisonment without prison labor or heavier punishment.
D. Unfavorable circumstances: (a) it is necessary to strictly punish the instant crime even if the instant crime was committed 4 or more times due to drinking alcohol driving.
At the time of the instant crime, the blood alcohol concentration was considerably high.