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 March 23, 2015, the Defendant was issued a summary order of KRW 3,00,000 by Busan District Court as a crime of violation of the Road Traffic Act.
On September 4, 2020, at around 00:45, the Defendant driven a DNA knick with a blood alcohol concentration of about 0.082% while under the influence of alcohol from around 1km to the front road of Kimhae-si Kimhae apartment.
Summary of Evidence
1. The defendant's legal statement, report on the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous convictions indicated in judgment: Application of one copy of the criminal history record, reply, and summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In order to eradicate social damage caused by the reasons of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish a drunk driving in light of the control standards for drunk driving and the purport of the revision of the Road Traffic Act that strengthens statutory punishment.
Although the Defendant was punished twice due to drunk driving, including the previous conviction stated in the judgment, he re-driving without the awareness of the danger of drunk driving.
However, the Defendant, against the instant crime, did not repeat the crime.
The defendant has not been punished for any more than a fine.
In addition, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered.