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 October 1, 2014, the Defendant was issued a summary order of KRW 4,50,000,000 for a fine for a violation of the Road Traffic Act, at the Changwon District Court's Msan Branch.
【Criminal Facts】
On September 2, 2020, at around 20:45, the Defendant driven a fluent car under the influence of alcohol with approximately 0.172% of alcohol concentration at a section of about 6 km from the front road of E located in D on the front road of the Gyeong-gun, Chungcheongnam-gun.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
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 was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.
The blood alcohol concentration level was also high, and the accident was also caused.
However, the defendant stated that he is aware of and against the facts of crime.
The accident did not cause any loss of human life.
There is no criminal history exceeding a fine.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.