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 10, 2014, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million due to a violation of the Road Traffic Act from the Busan District Court's Busan Branch Branch.
On August 21, 2020, at around 01:07, the Defendant driven a C Car while under the influence of alcohol with approximately 10km alcohol concentration of about 0.056% from the front of Kimpo-si, Kimpo-si to the Hanyang-si, Seoyang-si.
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, the report on the situation of the driver's oral statement, drinking control results;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Probation and lecture attendance order and the community service order under Article 62-2 of the Criminal Act are subject to a fine of two times due to the reason of sentencing, so the sentence of imprisonment shall be chosen.
However, considering the fact that drinking volume is not significantly high compared to other cases, there is a reflective error, and there is no record of crime exceeding fines, etc. In addition, considering various sentencing factors such as the defendant's age, social living relationship, circumstances leading to the crime, circumstances before and after the crime, etc., a punishment shall be determined as ordered and the execution thereof shall be suspended, but probation, etc. shall be added.