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
【Criminal Power】 On November 3, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Busan District Court’s Vice-Support on November 3, 2016.
【Criminal Facts】 On April 19, 2020, at around 04:50, the Defendant driven Cho-do under the influence of alcohol 0.152% in the section of approximately 1km from “theme distance” to “theme distance in Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front road of the same Gu.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of, and control records for, a drinking driver;
1. Criminal records as stated: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. One year and two years and six months of imprisonment within the scope of punishment by law; and
2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after