beta
Text
A defendant shall be punished by imprisonment for two years.
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 power] On May 2, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act. On August 28, 2014, the Defendant was issued a summary order of KRW 4.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 11, 2019, at around 04:45, the Defendant driven a car with approximately 200 meters of alcohol from the front side of a drinking aggregate in the Gwangju Mine-gu to the front side of a water completion area in the Gwangju Mine-gu, in a state of drinking alcohol concentration of 0.162%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;
1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (Attachment to the same criminal records and judgments) and statutes;
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. Article 62 (1) of the Criminal Act;
1. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the criminal records recorded in the judgment of sentencing under Article 62-2 of the Criminal Act and the criminal records of drinking driving;
In addition, the punishment as ordered shall be determined in consideration of the degree of blood alcohol, the reason why the drinking driving was conducted, the distance and place of the drinking driving, the details of the crackdown, the distance between the previous drinking record and the crime in this case, the defendant's age, character and conduct, environment, circumstances after the crime, etc.