beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 15, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court on the charges of violation of the Road Traffic Act, and on December 20, 2012, the same court issued a summary order of KRW 5 million for the same crime.
On August 22, 2018, the Defendant, at around 03:28, operated a Dbea cruise car, which is owned by the Defendant, under the influence of alcohol concentration of about 10 K 0.210% from the 30K section of the 10K section of the Seoul-Yyang Highway, to the 10K section of the 30K section of the 30K section of the 30K road on the 10th road of the 0.210% street.
As a result, the defendant operated a motor vehicle under the influence of alcohol even though he had a record of being punished twice due to drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Each report on investigation;
1. Notification of the result of crackdown on drinking driving;
1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to investigation reports (verification of the history of punishment for drunk driving of a suspect);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. The execution of an order to attend a lecture is suspended and an order to attend a lecture is issued to prevent recidivism, considering the reason for sentencing under Article 62-2 (1) of the Criminal Act, the degree and circumstances of drinking and driving, etc., but the sentence of imprisonment is not good, considering the fact that the accused has no criminal history exceeding the fine;