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
On August 16, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on August 16, 201.
On December 17, 2019, at around 08:10, the Defendant driven a D 5-car while under the influence of alcohol leveling 0.104% of alcohol level from approximately 4km to the front road of the 1827 Seo-gu, Seogu, Seo-gu., Seo-gu., the Defendant driven a D 5-car in the influence of alcohol leveling from around 1827 to the front road of the 1827 internal road.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on detection of suspected victims of violation of the Road Traffic Act, notification of the results of the regulation of drunk driving, and report on the state of his/her oral statement;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes governing summary orders;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while having been sentenced to a fine once due to drinking alcohol driving, is in a disadvantage.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession and mistake, the fact that there is no particular history of punishment other than the above punishment, the fact that the vehicle has been disposed of, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.