beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 19, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a violation of road traffic laws (drinking driving) from the Changwon District Court through the Changwon District Court. On April 20, 2018, the Defendant issued a summary order of KRW 5 million as a fine for a violation of road traffic laws (drinking driving) in the same court.
On August 15, 2020, the Defendant driven a D car under the influence of alcohol concentration of about 0.203% from the 3km section of blood alcohol level at around 07:40 to the front road of the C in the city of macro-si, at the ancient city of Scam on August 15, 202.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of criminal history);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the fact that the degree of alcohol concentration among the bloods with the reason of sentencing under Article 62-2 of the Criminal Act is high, that there are several criminal records of the same kind, that the defendant reflects the crime and that the defendant does not have any criminal records exceeding the fine, etc.