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
[criminal power] On September 18, 2017, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on September 18, 2017. On October 15, 2018, the same court received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
At around 20:00 on August 17, 2020, the Defendant, as a person who had the power of violating the duty of prohibition of driving under the influence of alcohol, driven a F Kazon vehicle under the influence of alcohol with approximately 0.057% of alcohol alcohol level 0.057% in the front of the E 2km from the front of the C cafeteria located in Gohap-gun, Chungcheongnam-gun, D.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement, statement on the state of his driving, criminal records, notification of the results of the control of drunk driving, and criminal investigation reports (verification of the same kind of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions favorable to the defendant's re-driving with the same vehicle even though he/she had been subject to two times punishment due to drinking driving: The defendant's mistake is recognized, the defendant has no record of punishment exceeding the fine, and the defendant's age, character and behavior, environment, circumstances of crime, circumstances after the crime, etc., and other various sentencing conditions specified in the records and arguments of this case shall be determined as per the order.