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
Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”
Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.
On February 14, 2007, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act (see, e.g., evidence records) by the Chuncheon District Court (see, e., Supreme Court Decision 47 pages), on October 31, 201, the court issued a summary order of KRW 1,50,000 as the same crime (see, e.g., Supreme Court No. 53 pages of evidence record), and on July 16, 2013, the same court was finalized after being sentenced to a fine of KRW 2,50,000 as the same crime.
(Evidence No. 50, 49 of the Evidence Records). Nevertheless, on January 25, 2020, the Defendant driven a Epoter motor vehicle over approximately 11 km distance from the front of Chuncheon City to the front road of "D gas station" located in Gangwon-gun, Gangwon-do, while under the influence of alcohol of 0.163% (see, e.g., Evidence No. 11) around 18:14, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. As seen earlier, the Defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, committed the instant crime even though a large number of drinking driving force, and the drinking water of this case can be said to be relatively high, can be said to be of heavy responsibility.