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
On June 26, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court's Chungcheong Branch on June 26, 2008. On September 10, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Incheon District Court.
On June 16, 2020, at around 22:12, the Defendant driven a Fcller 300c motor vehicle under the influence of alcohol content of about 500 meters from the front of “C” main point in Ulsan-gu, Ulsan-gu, to the front of “E” in D, to the front of “E” in D.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making inquiries, such as a reply, inquiry report on the result of crackdown on drinking driving (the results of appraisal), criminal records, and the application of Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won and not more than 20 million won] has been sentenced twice to a fine for the same kind of crime. However, the confession of the crime of this case is made, the mistake is divided as well. The crime of the same kind of crime has no record of being punished beyond the fine, and there is no record of being punished in excess of the fine for the crime of the same kind of crime nine years prior to the nine years, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, the distance after the crime, etc., shall be determined as ordered