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
Criminal facts
【Criminal Power】 On March 20, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court racing support.
【Criminal Administration” around 00:20 on June 3, 2020, the Defendant driven an E-high-speed car with a blood alcohol concentration of about 0.161% under the influence of alcohol at about 20 meters from the 20-meter distance from the south-gu Seoul Metropolitan Government Pond-ro B Stud-ro to the D Sstud-ro located in the same Gu C.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the actual state of a driving driver, report on the situation of a driving, and report on the results of
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the same kind of power);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation and lecture attendance order shall be taken into account the blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the second drinking driving, and other punishment records, reflectivity, etc.