beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 19, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 19, 2008. On January 27, 201, the same court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act. On January 29, 201, the same court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act.
On April 3, 2020, at around 23:06, the Defendant driven an E rocketing car in the state of alcohol alcohol concentration of about 4.7 km from the ‘C' on the roads of the Dongducheon-si to the roads of the same time D class in the same city, while under the influence of alcohol concentration of 0.153%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Previous convictions in judgment: Application of inquiry reports and summary order-related Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. The accused has been punished four times for drinking-driving even before the reason for sentencing under Article 62-2 of the Criminal Act.
Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.153%.
The risk of recidivism and possibility of criticism are high.
It is necessary to strictly punish the accused.
However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.