beta
Text
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 January 25, 2019, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.
On July 18, 2020, at around 22:03, the Defendant driven a dial car from about 4 km to the front road located in Edsan City, Masan-si, the Defendant was under the influence of alcohol of 0.136% of blood alcohol level.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. Application of Acts and subordinate statutes to a summary order after inquiring about criminal records, such as a statement report on the circumstances of a host driver;
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. The Defendant of the reason for sentencing under Article 62-2 of the Criminal Act, as stated in the judgment of the court, has been sentenced to a fine due to drinking on January 2019, and even on September 2003, was punished by a fine due to drinking.
Nevertheless, the defendant was engaged in a drunk driving, and the blood alcohol concentration was also reasonable at the time.
The defendant has a few criminal convictions including the suspended sentence of imprisonment with prison labor.
The fact that the defendant seems to have judged his mistake and reflect his mistake is considered in light of the circumstances favorable to the defendant.
In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.