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 April 25, 2017, the Defendant received a summary order of KRW 4,50,00 from the Cheongju District Court on April 25, 2017 as a crime of violation of the Road Traffic Act.
Nevertheless, at around 02:45 on May 16, 2020, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of about 0.120% from the section of approximately 1km from the front of the C cafeteria located in Incheon-si B to the front of the E-pharmacy located in Dacheon-si.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. On-site photographs;
1. Previous convictions indicated in judgment: Criminal records, probationary records, and application of Acts and subordinate statutes after investigation;
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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
Unfavorable circumstances: The defendant has been punished several times even before committing the instant crime, and in 2017, he/she has been punished as a fine for a violation of the Road Traffic Act.
The favorable circumstances: At the time of crime and the mistake are divided.
There shall be no history of criminal punishment exceeding fines for the same kind of crime.