beta
Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On June 16, 201, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court.
【Criminal Facts】
On March 19, 2020, the Defendant, while under the influence of alcohol of 0.182% of blood alcohol concentration on March 22, 19, 2020, driven a F rocketing car from approximately 700 meters away from the front of the C cafeteria located in the Sincho-si B to the front road located in the Sincho-si D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, investigation report (report on the circumstances of drinking drivers), the report on the situation of drinking drivers, and the next inquiry;
1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the same kind of crime even though he/she had many records of punishment for the same kind of crime.
In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.
However, the defendant's mistake is recognized, and the defendant is punished for the last same kind of crime before about nine years from this case.
In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.