beta
Text
A defendant shall be punished by imprisonment for one year.
except that 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
[Criminal Power] On July 26, 2017, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving on Motor Vehicle) at a wooden branch of the Gwangju District Court.
【Criminal Facts】
On May 1, 2020, the Defendant driven a F rocketing vehicle under the influence of alcohol content of about 0.147% at the section of approximately 1.1km from May 1, 2020 to the front of E in the same city as D from the Do in front of the (Gu) Sinpo City B.
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 circumstances of driving under the influence of alcohol, report on the results of drinking control, circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes of one copy of a summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act: Social danger of drunk driving and the purpose of the revision of the Road Traffic Act to which statutory penalty is raised, the circumstances that are favorable to the necessity of strict punishment for the act of drunk driving is against mistake: The fact that there is no record of crime other than the record of the crime under influence driving in the judgment, and the fact that there is no record of crime other than the record of the crime under influence driving in the judgment, taking into account all the factors such as the age, character and behavior, environment, circumstances after the