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
[criminal history] On March 31, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (driving) and was sentenced to a fine of KRW 1.5 million by the same court on March 13, 2013.
[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven B, under the influence of alcohol 0.243% in the section of approximately 837 meters, from the 837m of alcohol alcohol level to the road near the Kanman Welfare Center located in 163, Seo-gu, Incheon, Seo-ro 163, Jun. 8, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report on summary order attached to the same type of power);
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, once again driven alcohol while having had a history of criminal punishment for driving under drinking twice during the last six years.
The defendant himself stated that he had a history of criminal punishment six times, and that the crime of this case was discovered by drinking driving in the fourth place.
The drinking level caused by the instant crime is also very high.
The defendant's vehicle was returned to her after being driven by drinking, and it could cause a very dangerous traffic situation due to the defendant's drinking driving.
After the accident, the defendant shows a non-cooperative attitude after the police officer's request for the measurement of drinking.