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
On October 29, 2010, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act at the Changwon District Court on October 29, 2010, and the said judgment became final and conclusive as is. On October 23, 2015, the Seoul Central District Court issued a summary order of three million won for the violation of the Road Traffic Act at the Seoul Central District Court on October 23, 2015 and the said summary order became final and conclusive as is.
On January 7, 2020, the Defendant: (a) around 23:31, 2020, while driving approximately 2 meters in order to move and park Cenz automobiles while under the influence of alcohol concentration of 0.147% on the front side of Gwangjin-gu Seoul Special Metropolitan City, and violated Article 44(1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the inspection of occurrence of the case and a written statement of control;
1. Previous records: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of electric records, etc.);
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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished twice due to drunk driving, he/she driven in a state of considerable alcohol concentration of 0.147%.
The sentencing factors, such as the defendant's age, environment, etc., including the short distance from the defendant's driving, the fact that the defendant is against the defendant's recognition of the crime of this case, and the fact that there is no other criminal records other than the fine imposed due to drinking driving, shall be determined as the sentence