beta
Text
A defendant shall be punished by imprisonment for a term of one year and two 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
On October 20, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on October 20, 2006, KRW 2 million for a fine of KRW 2 million for the same crime from the Suwon Suwon District Court on October 19, 2007, and KRW 7 million for the same crime at the same court on February 12, 2016.
On August 1, 2020, the Defendant driven a C Car with alcohol content of 0.151% under the influence of alcohol from around 17:30 to the road in Seongbuk-gu Seoul, Seongbuk-gu.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. The defendant's legal statement statement, investigation report (report on the situation of the driver in charge of driving), inquiry about the results of crackdown on drinking, suspect, vehicle photograph, etc., and control records;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account the details of the enforcement of punishment under Article 62-2 of the Criminal Act, the degree of alcohol content during the blood transfusion, the circumstances after the crime, the records of punishment for driving under the influence of alcohol as stated by the defendant, and the absence of actual damage, such as traffic accidents, etc., and other factors of sentencing, such as the age, occupation, sex behavior, and the health of the defendant, etc., the punishment as stated in the disposition shall be determined in consideration of various factors of sentencing, such as the defendant'