beta
Text
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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On October 20, 201, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Incheon District Court on October 201, and on October 8, 2014, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act at the Incheon District Court on August 8, 201. On January 28, 2019, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Incheon District Court on January 28, 2019.
【Criminal Facts】
On April 26, 2019, at around 00:30, the Defendant driven a BRabon vehicle without a driver’s license, under the influence of alcohol leveling 0.085% from approximately five kilometers in the section of approximately 642 kilometers, from the front of the 642 B-gu Incheon Metropolitan City, to the front road of the 338 Mambon-ro, Bupyeong-gu, Incheon, Bupyeong-gu, to the front road of the 338 Mabon-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Control note;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (former and report accompanied by a summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (with regard to the fact that there are several criminal records in the same kind of case, the confessions and mistakes are pened, the defendant disposes of the vehicle while making the defendant not to drive again, the defendant is responsible
1. Probation under Article 62-2 of the Criminal Act;