beta
Text
The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 22, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan Branch Branch.
On July 25, 2019, at around 06:23, the Defendant driven an EM5 vehicle under the influence of alcohol content of about 0.167% from the 3km section from the roads near the funeral hall of the C Hospital located in Seocheon-si B to the roads near the same city (D).
As a result, the defendant violated the Road Traffic Act (driving) more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power) and attachment summary orders;
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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The fact that the numerical value of the blood alcohol concentration of the reason for sentencing under Article 62-2 of the Criminal Act is significant, that there has been the history of punishment already received for drinking driving several times due to the same kind of power, the interval between the same kind of power and time, the confession of the crime in this case, the misunderstanding has been divided, and the recidivism has not been committed, and the punishment shall be determined as ordered, taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime.