beta
Text
A defendant shall be punished by imprisonment for two years.
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 11, 2017, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.
On November 15, 2019, at around 01:49, the Defendant driven Cben C220d vehicles with approximately 2 km alcohol concentration of 0.182% from the front of a restaurant in the vicinity of the Geumju-ri, Geumju Island, which is located in the Geum-ri, Geumju Island, to the front of the apartment complex B in the same city.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions in judgment: Criminal records, etc. and the application of Acts and subordinate statutes of investigation status (verification of suspect-like records);
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant committed a crime again since two years have not yet passed since he was punished as a drunk driving, and that the blood alcohol concentration at the time of drunk driving is high, and that a serious accident may occur.
However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of a crime, etc., shall be determined in full view of the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of a crime; and the punishment as ordered shall be determined once by a fine.