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 December 11, 2015, the Defendant was sentenced to a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act, etc. at the Cheongju District Court Support on Cheongju District Court on December 11, 2015. On May 17, 2018, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act.
On January 10, 2020, the Defendant driven an EMW 520d vehicle while under the influence of alcohol content of about 0.048% from around 07:25,00,00 to around 0,00,00,00,000, from around the 2.5km D-dong.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;
1. Reporting on the occurrence of a traffic accident and photographs of the accident site;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records for driving a motor vehicle under influence);
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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
Unfavorable circumstances: The defendant has been punished by a fine in 2015 and 2018 due to the same kind of crime.
A traffic accident was caused by heavy damage during drunk driving.
The favorable circumstances: The mistake is recognized and reflected.