beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Power】 On September 2, 2013, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Daejeon District Court on September 2, 2013, and on April 1, 2015, the same court was sentenced to imprisonment for four months and one year of suspended execution for a violation of the Road Traffic Act; and on November 29, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the same court on May 28, 2017.
【Criminal Facts】 Around January 4, 2019, the Defendant driven a D car at a section of about 80km from the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do to the roads front of the B in Cheongju-si, under the influence of alcohol level of 0.144% under the influence of alcohol level around 03:43 on January 4, 2019.
around 23:15 on March 8, 2019, the Defendant driven a DNA car under the influence of alcohol level 0.156%, from the front of the dormitory of the Defendant in the Daejeon Seo-gu to the roads of the Daejeon Seonam Highway Line U.S., which are located in the Dong of Daejeon Seo-gu. In addition, the Defendant driven a DNA car under the influence of alcohol level 0.156%.
Summary of Evidence
"2019 Highest 551"
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. A statement on criminal records, etc.;
1. Each investigation report "2019 Highest 1507";
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes on personal accommodation;
1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code have been three times of punishment for the same crime, and in particular of the same kind of crime.