beta
Text
A defendant shall be punished by imprisonment for not less than one year and six 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 4, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on January 4, 2007. On March 9, 2012, the Defendant was sentenced to a fine of three million won by the Gwangju District Court on March 9, 2012.
Criminal facts
On July 9, 2019, at around 07:05, the Defendant driven a C car under the influence of alcohol level of about 20 km from the front side of the Gangseo-gun B to the front side of the Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Seoul Yangyang Highway, which is located in the Seocheon-gun, Hongcheon-do, and at around 20 km, while under the influence of alcohol level of 0.092%.
As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, each investigation report, and the application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, etc.);
1. Article 62 (1) of the Criminal Act (limited to cases where the defendant is allowed to be the same as the previous one, and the crime of this case is committed in consideration of the nature of the crime and the distance of driving, etc., which are disadvantageous to the defendant. However, there is no sentence before and after the sentence is imposed, and the defendant has a depth of his mistake, and all other circumstances, such as the motive and circumstance of the crime of this case, the situation after the crime, the age of the defendant, occupation, family relation, health status, etc. are taken into account);
1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;