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 May 29, 2012, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court due to a violation of the Road Traffic Act.
On May 11, 2020, at around 22:07, the Defendant driven a C Lasta car with a blood alcohol concentration of about 0.148% from the 3km section from the B apartment in Ulsan-gun, Ulsan-si to the nivem intersection of bills in the same Ri.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to inquiries, such as a written verification of blood alcohol and a written report on detection of drinking drivers (pre-trial records), criminal records, and criminal investigation reports (attached to criminal records and summary orders of the same type of suspect);
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. Grounds for sentencing under Article 62-2 of the Criminal Act, 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 but not more than 20 million won] have been punished twice as a crime of identical drinking, although the defendant has been punished twice, the confession of the crime in this case is made, the mistake is divided, the same power is a crime of not less than eight years prior to the occurrence of the crime, and other various sentencing factors such as the defendant's age, environment, health condition, blood alcohol concentration and driving distance, and conditions after the crime are considered.