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 15, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act by the District Court of Jung-gu on April 15, 2015.
On September 10, 2019, at around 22:22, the Defendant driven the B low-speed car with a blood alcohol concentration of about 0.045%, from around 200 meters away from the inspection distance in the Guri-si, Siri-si, Siri-si, to the Guri-si, Siri-si, 175.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;
1. Application of Acts and subordinate statutes to a statement on criminal records, etc., a statement on the investigation (A) and a report on the results of confirmation of the disposition;
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2015, the sentence sentence is determined in light of the distance with the previous penal records, the degree of alcohol content in the blood of this case is 0.045%. In addition, comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions indicated in the instant records and arguments, such as circumstances after the crime, the sentence is determined as ordered.