beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
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
[criminal power] On March 3, 2008, the Defendant is a person who violated the prohibition of drunk driving by receiving a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Changwon District Court, and on May 12, 2014, the same court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at least twice in the same court.
【Criminal Facts】
On May 8, 2019, at around 18:37, the Defendant driven a car in the E Spati-type under the influence of alcohol content of approximately 0.189% from the 400-meter section from the front Do to the drupture of the Drup-si, Changwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and the order to attend a lecture shall be determined by taking into account all the various circumstances, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, as stated in the Disposition.
Unfavorable circumstances: The harmful effects of drinking driving, the reality of risk (influence of traffic accident), the significant degree of blood alcohol concentration (0.189%) and the record of the three-time fine punishment due to the same kind of crime: The defendant is divided and reflected, the driving distance is relatively short, and the family members, etc. are dependent.