beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
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 January 2, 2012, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (Refusal of measurement of noise level) from the Seoul Southern District Court.
On November 21, 2019, at around 08:00, the Defendant driven a Chick-in vehicle under the influence of alcohol concentration of about 200 meters from the front of the Defendant’s operation, from the Do in the city of Pakistan to the G Do in the city of Pakistan, while under the influence of alcohol concentration of about 0.078%.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of the operation of a motor vehicle and an investigation report (the report on the state of the driver of the motor vehicle);
1. Application of criminal records, reply reports, relevant list of cases, and summary order statutes;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol without being aware of, and again committed the instant crime of drinking alcohol, despite the fact that he/she had been punished by a fine due to drinking alcohol test refusal in 200 and in 2012.
It is necessary to punish defendants who repeat the same mistake more strictly.
Other circumstances shown in the records and arguments of this case, such as the details of the crime of this case, blood alcohol concentration, drinking distance, Defendant's age, character and conduct, living environment, and circumstances after the crime, shall be determined as the sentence as ordered in consideration of the records and arguments of this case.