Text
Defendant
A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 13, 2019, Defendant A was sentenced to one year of imprisonment and two years of suspended execution, and the judgment became final and conclusive on June 21, 2019.
On February 20, 2019, around 21:17, the Defendant driven an E 25 tons car with alcohol leveling to about 0.055% in the section of 30km from the Ganan-Eup to the point of 185km of the Gan-Eup in the same city from the Busan Gan-si parking lot of the Busan Gan-si located in the Gan-si Kimcheon-si, Busan-do.
2. On August 21, 2008, Defendant B was issued a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Friwon Frigwon.
On September 26, 2019, around 21:40, the Defendant driven a wing 25 tons truck with alcohol content 0.056% while under the influence of alcohol in a section of about 300 meters from the 300-meter radius from the Gancheon-si Seoul Metropolitan Office Stung-si (Seoul) to the exit of the said rest area.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Defendants’ legal statement
1. Making a statement on the circumstances of the driver involved in driving and making an inquiry about the results of regulating the driver involved in drinking;
1. A report on internal investigation (attaching the table for the handling of reported cases);
1. Previous convictions indicated in the judgment: A reply to inquiry, such as each criminal history, reporting on the results of investigation, and applying Acts and subordinate statutes to inquiry reports on the past convictions and the results thereof;
1. Relevant legal provisions and Defendant A who has selected a sentence on the crime: Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(2)3 and 44(1) of the same Act; Articles 148-2(1) and 44(1) of the Road Traffic Act; Articles 148-2(1) and 44(1) of the Road Traffic Act; the choice of imprisonment;
1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);
1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Defendant A and B: Article 62 (1) of the Criminal Act;
1. Defendant A, B, and an order to observe protection and attend a lecture: Reasons for sentencing under Article 62-2 of the Criminal Act.