Text
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On June 27, 2016, the Defendant was issued a summary order of a fine of KRW 4 million at the Jeonju District Court due to a violation of Road Traffic Act (driving).
【Criminal facts】 On October 3, 2020, the Defendant driven Crops car under the influence of alcohol 0.234% from the 1km section up to the road near the bridge located in 986-17, Jinsan-dong, Jinsan-si, Kim Jong-si, in around October 3, 2020.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order of the suspect's previous history);
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:
The factors of favorable sentencing: The fact that the defendant acknowledges his mistake and reflects his mistake, and there is no criminal punishment exceeding the fine (limited to only one criminal record as stated in the judgment of the defendant). The fact that the blood alcohol concentration is high, and that the accident that takes a rail while driving alcohol increases the traffic risk at the location of the accident.