beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On July 27, 2011, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the Chuncheon District Court's original branch on July 27, 201, and on February 7, 2013, the same court was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) and on June 10, 2014, the Defendant was punished on two or more occasions by a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (driving).
Nevertheless, at around 05:07 on January 26, 2019, the Defendant driven a B-hand motor vehicle with blood alcohol concentration of about 0.097% in the 30km section from the front of the Moel Station adjacent to the Yancheon-si, Chungcheongnam-si to the point of 305 km in the central highway located in the Gunju-si.
Summary of Evidence
1. Defendant's legal statement;
1. To make a report on the results of the drinking driving control, a survey report on actual condition, an accident site photograph, and an investigation report;
1. Application of statutes concerning criminal records;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the grounds for sentencing, etc. favorable to the defendant), there are favorable circumstances for the defendant, such as the fact that the defendant is divided in depth into his wrong facts, and that his social relation is clear, the defendant may be admitted to the same department, including a criminal record before the suspension of execution. The crime of this case is committed by the defendant who driven a considerable distance on an expressway, and the nature and circumstances of the crime are heavy in light of the method and result, etc., and other circumstances, such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relation, health status, etc., are taken into consideration.