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
On November 6, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving at the Incheon District Court). On July 22, 2016, the Defendant was sentenced to a fine of KRW 5 million for the same crime, and was sentenced to a fine of KRW 5 million at least twice for the same crime. On March 219, 2019, the Defendant driving B-learning car from the area of approximately 3 km from the Dong-dong Port of Yongsan-gu through the same city to the frontway of the same city. < Amended by Act No. 13737, Mar. 19, 2019>
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Records before and after judgment: Application of criminal records, inquiry reports, and investigation reports (referring to the three-year relationship and attachment before a sound driving);
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 Code of the community service order was that the Defendant had been sentenced to a fine twice due to drunk driving, but re-driving a motor vehicle.
On the other hand, it is against the defendant's wrong recognition.
Alongly, it was limited to a simple drinking driving without any human or material damage.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct