beta
Text
A defendant shall be punished by imprisonment for not less than eight 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
[criminal power] On December 28, 2016, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support on December 28, 2016, and a summary order of KRW 4 million as a fine for the same crime in the same court on June 21, 2017.
【Criminal Facts】
On January 14, 2019, at around 21:35, the Defendant driven F 3 vehicles under the influence of alcohol content of about 0.080% from the Do in front of the C convenience point in the Hacheon-si B and from approximately 500 meters to the front road.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol again as a person who has violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the various sentencing conditions indicated in the records and arguments of this case, such as the defendant's criminal records of the same kind, the interval between the defendant's records of drinking driving, the degree of blood alcohol concentration at the time of driving of this case, the occurrence of the accident, the driving distance of the defendant, the reflectivity of the defendant, the family relationship, etc., for the reasons of sentencing under Article 62-2 of the Criminal Act