beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On November 13, 2009, the Defendant issued a summary order of KRW 3 million on January 15, 2014 to a fine of KRW 4 million by the same court as the same crime.
【Criminal Facts】
On October 2, 2019, at around 10:14, the Defendant driven a EKani vehicle while under the influence of alcohol with approximately 4.4km alcohol concentration of about 0.250% from the south-gu Gwangju to the front road located in Gwangju Seo-gu, Seo-gu.
On November 13, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 4 million by the same court as the same crime on January 15, 2014. On October 22, 2019, the Defendant was charged with a violation of the Road Traffic Act (driving) with the Gwangju District Court on November 13, 2009.
【Criminal Facts】
On October 2, 2019, at around 18:40 on October 2, 2019, the Defendant driven a E Carn Z while under the influence of alcohol content of approximately 0.20% from G parking lot located in the former Net Chang-gun F to I in the former Net Chang-gun H to approximately 20 meters.
Summary of Evidence
"2019 Highest 4153"
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions: Copies of summary order "2019 Highest 4520";
1. Defendant's legal statement;
1. Each traffic accident report;
1. The circumstantial statement of the employee;
1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry reports, summary orders, and copies of indictments;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a crime of drunk driving, not only once the criminal defendant was punished as a fine, but also on the same day.