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 October 7, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on December 28, 2012, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act. On January 29, 2016, the same court received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act.
On December 22, 2018, at around 22:35, the Defendant driven a car with C physical height while under the influence of alcohol of about 0.092% of the blood alcohol alcohol content at the section of approximately 1k from the death distance of Pyeongtaek-gu, Pyeongtaek-gun to the front of Pyeongtaek-gun B apartment.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records (Attachment to the same type of crime records);
1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing Article 62-2 of the Criminal Act has the record of being punished for drunk driving even before the defendant was sentenced to punishment, and there has been several occasions of punishment for the crime of this paper.
Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.092%.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.