beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
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
On April 15, 2011, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, on February 14, 2013, a summary order of KRW 4 million for the same crime at the Seoul Southern District Court, and on March 21, 2013, a summary order of KRW 5 million was issued in the same court.
On December 13, 2019, around 01:40 on December 13, 2019, the Defendant driven a motor vehicle with blood alcohol concentration of about 7km from approximately 0.122% under the influence of alcohol level from around 0.122% to around the 479-4m in the border water of the same Si/Gu.
Summary of Evidence
1. Notification of the defendant's legal statement, the report on the state of his oral statement, and the control of drinking driving;
1. Before judgment: Application of three copies of criminal records and summary order under the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Despite the fact that a person was sentenced to a fine due to the reason of sentencing in Article 62-2 of the Criminal Act, he/she re-offending three times, and the degree of his/her taking of the order is too serious.
However, there are no criminal records of imprisonment or more, and the criminal records of the last drunk driving are 2013.
Comprehensively taking into account all the factors of sentencing that appear in the course of investigation and trial, including the defendant's age, social living relationship (at least to care for children), circumstances before and after the crime, etc., the sentence shall be determined as ordered and the execution thereof shall be suspended, but probation, etc. shall be added.