beta
Text
A defendant shall be punished by imprisonment for one year.
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 September 26, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.
around 23:40 on July 10, 2020, the Defendant driven a F QM6 car with approximately 200 meters alcohol concentration 0.145% under the influence of alcohol in the section of about 200 meters from the front of the “C” road located in Seosan-si B to the front of the Eve point located in Seosan-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written inquiries and investigation reports (attached to a summary order of the same kind of power), such as reporting on the results of drinking driving, driver's statement, criminal records, etc.;
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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution, was sentenced to a fine due to drinking driving on September 2016.
At the time, the blood alcohol concentration of the defendant was 0.145%.
Although there is no significant penalty force for the defendant, the defendant has been sentenced to a suspended sentence of imprisonment or heavier, the defendant has been sentenced to a fine twice by causing a traffic accident while driving his/her vehicle within the last three years.
When considering the circumstances favorable to the defendant, the fact that the defendant has committed a mistake and is against the defendant's will be considered.
In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.