도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
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 record] The defendant was issued by the Incheon District Court on August 4, 2006 a fine of 1.5 million won due to a violation of the Road Traffic Act (drinking driving), a fine of 3 million won due to the same crime in the same court on October 12, 2006, and a summary order of 3 million won due to the same crime in the same court on January 23, 2007.
[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 1 driven a B rocketing car with approximately 300 meters alcohol content 0.071% under the influence of alcohol during blood while driving at around 00:50 on January 20, 2018 from the insular place to the front road of the Kimpo-dong Enterprise Bank at Kimpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's three times of punishment on August 2006, around October 2006, around January 1, 2007, and the violation of the Road Traffic Act (dacting) around January 2007. Meanwhile, the defendant reflects the crime of this case, and the defendant's blood alcohol concentration (0.071%) is relatively relatively high. In addition, the defendant's age, sex behavior, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, circumstances after the crime of this case, etc., the same sentence as the order shall be determined by taking into account the following factors.