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
Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”
Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.
Criminal power is sentenced to a summary order of KRW 1,00,000 (as a crime of violating the Road Traffic Act) at the Chuncheon District Court on February 18, 2011 (see subparagraph 33 of the evidence record), and the summary order of KRW 7,00,000 (as a crime of violating the Road Traffic Act, referring to subparagraph 17 of the same Article) has been issued at the Chuncheon District Court on July 7, 2016 (as a result, referring to subparagraph 35 of the evidence record), and the summary order of KRW 7,00,000 has been issued (as a crime of violating the Road Traffic Act). ③ On April 21, 2017 (see subparagraph 38 of the evidence record), the summary order of KRW 20,000 has been issued (as a crime of violating the Road Traffic Act (as a crime of violating the Road Traffic Act) has become final and conclusive on April 29, 2017.
Criminal facts
On August 24, 2020, the Defendant driven an Epoter motor vehicle over about five kilometers from the front of the Gangwon-do Building B to the front of the “D” building located in the same group C, while under the influence of alcohol of 0.043% (see, e.g., evidence record) with blood alcohol concentration of 0.043% (see, e.g., evidence record) around 13:35.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);
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. Probation and community service order;