beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 2, 2013, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Suwon District Court’s Eunpyeong Site on December 2, 2013, a fine of KRW 4 million for the same crime in the same court on January 8, 2016, and a fine of KRW 4 million for the same crime in the same court on June 16, 2016, respectively.
On October 6, 2019, at around 23:05 on October 6, 2019, the Defendant driven a Dial with Dial with blood alcohol concentration of about 0.075% from the 1km to the front road of the same city from the fluence of Pyeongtaek-si B to the front road of the same city.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;
1. Notification of the result of crackdown on drinking driving;
1. Previous records before ruling: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is determined as ordered by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and all factors of sentencing as shown in the argument in the instant case, including the circumstances after the crime, etc.
D. Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle even though he/she had been punished for repeated driving and had a record of being subject to suspended sentence, the fact that he/she re-drivings a motor vehicle, favorable circumstances: The confessions and reflects the crime, and the actual driving distance is not visible.