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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 19, 2010, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on January 19, 201; on January 27, 201, a summary order of KRW 4 million by the same crime, etc. at the Seoul Northern District Court on January 27, 201; and on November 25, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 million by imprisonment for the same crime at the Daejeon District Court on November 25, 2015.
On April 9, 2020, around 00:38, the Defendant driven an E rocketing car with approximately 200 meters alcohol concentration of about 0.111% while under the influence of alcohol from “C” to “C” in front of the same City D.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Report on the circumstances of the accused's legal statement, and inquiry into the records of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (criminal records at least twice);
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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had had a record of punishment several times due to driving without a license for drinking driving, the Defendant re-driving this case.
Human and physical damage, such as traffic accidents, etc., the details leading to the instant crime, such as blood alcohol concentration, driving distance, etc., the circumstances after the crime, the defendant's mistake is against himself/herself, and the most supporting mother, etc. shall be determined as the sentence as ordered in consideration of the fact that such damage has not occurred.