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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 4, 2015, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the same court on September 16, 2015 to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving).
On November 24, 2019, at around 12:50, the Defendant driven an EM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.061% at the section of approximately 2 km from the front of Ulsan Island to the front of D, located in C.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Application of the Acts and subordinate statutes of two copies of the summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding the fine, and the crime of this case is so-called so-called the crime of this case under favorable circumstances that the defendant has been punished twice due to drunk driving, and the fact that the defendant has a record of being punished twice due to drunk driving shall be considered under unfavorable circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances recorded in the records, such as the blood alcohol concentration level and the distance of drunk driving, the age, character and conduct