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
The defendant's statement in the indictment on March 16, 2010 " March 16, 2020" is a clerical error.
The Daejeon District Court has received a summary order of KRW 1,50,000 from the Daejeon District Court as a crime of violation of the Road Traffic Act.
On June 15, 2020, at around 22:10, the Defendant driven a F Kanche vehicle with a blood alcohol concentration of about 0.170% from the 2km section from the front of the road located in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City B to the Esanbu and the front of the road located in Seoan-gu, Seoan-gu, Seoan-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment of the same type of crime records), and one copy of judgment;
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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the driving of the instant drinking even when the Defendant was subject to several criminal punishments for the violation of the Road Traffic Act; (b) the blood alcohol concentration of the instant case is very high; and (c) the Defendant recognizes the commission of the crime, the punishment shall be determined as set forth in the text.