beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In May 7, 2019, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on May 7, 2019, and the same power is more than once.
On July 22, 2020, at around 09:20, the Defendant driven CMW vehicle in the state of alcohol concentration of 0.122% in blood alcohol level from 09:20 to 09:20 to 0.122% in the middle-gu in the same city of Jung-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, and criminal record records, notification of the results of crackdown on drinking driving;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) the Defendant was subject to each fine of around 2008 and around 2019; (b) the Defendant was driving a car in the state of re-driving that did not be less than 0.122% of the blood alcohol concentration.
The main circumstances shall be taken into account, but the defendant's mistake is recognized, the defendant has no record of criminal punishment, other than five times of fines, including the above criminal records, and the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of various circumstances, such as the circumstances after