beta
Text
1. The punishment of the accused shall be one year;
2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On May 20, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Seosan Branch of the Daejeon District Court on May 20, 2010. On August 18, 2010, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (drinking driving), and on August 2, 2012, the Defendant was sentenced to 6 months imprisonment with prison labor by the Daejeon District Court on August 2, 2012 and was sentenced to 7 times the same criminal records.
On August 19, 2016, the Defendant driven CK5 cars under the influence of alcohol with approximately 80 meters alcohol concentration of about 0.054% from the front side of the Seosan Village apartment located in the Seosan City, Seosan City, Seosan-si, to the front side of the Seosan City.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, repeated drinking even though he/she was punished for drinking twice.
The defendant lacks the awareness of compliance seriously.
I seem to appear.
Finally, taking into account the details and time of the instant driving, the degree of alcohol during blood, the age, sex, environment, and circumstances after the crime, etc. of the Defendant, the final sentencing is to be taken, and the punishment is to be determined as ordered.