beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On March 16, 2007, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution for the crimes of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on March 16, 2007. On December 11, 2013, the Defendant was sentenced to a summary order of KRW 7 million for the crimes of violation of the Road Traffic Act at Suwon District Court.
【Criminal Facts】
On December 26, 2019, at around 22:43, the Defendant driven a balp motor vehicle with blood alcohol concentration of 0.111% from a section of approximately 1km to the front of the 705 North High Road of the same Dong-dong from the road near the Yandong-gu, Ansan-si, Ansan-si to the same day.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, results of pulmonary measurement, and notification of the result of control;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to inquire and replys, such as their own dispositions, findings of confirmation, and criminal records;
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. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [this case is 0.23% of the defendant's records [the first drunk driving, the first drunk driving is 13 years prior to about 13 years old, the second drunk driving is 0.143% of the drinking, the second drunk driving is 13 years prior to about 13 years, and the second drunk driving is 0.154% of the drinking, and the third drunk driving is 13 years prior to about 13 years old, and the third drunk driving is 0.154% of the drinking, and it is 0.154% of the drinking, and the second drunk driving is sentenced 20 hours prior to about 6 years old, and the fourth drunk driving is 0.21% of the drinking, and 700,000 won of the fine] of the defendant's summary order in consideration of the following factors: 1.1.