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 August 10, 201, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Sung-nam Branch of Suwon District Court on August 10, 201, and a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Jinwon District Court on September 15, 2014, respectively.
On December 7, 2019, at around 02:27, the Defendant driven a D SP car under the influence of alcohol concentration of 0.09% at the 30m section of the Cdong roads in front of the C apartment underground parking lot at Kimhae-si, Kimhae-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;
1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act: (a) the degree of blood alcohol concentration, driving background, and the same previous conviction as the major sentencing factors; (b) the Defendant is expected to recognize his/her mistake and not to make any identical mistake; (c) there is no previous conviction other than fines; (d) the place where the Defendant driven is an underground parking lot; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) all kinds of sentencing conditions indicated in the pleadings, such as circumstances after the crime, are determined as ordered and the execution of the sentence is suspended on the premise that the order is faithfully performed