beta
Text
A defendant shall be punished by imprisonment for six 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 July 30, 2008, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on July 30, 2008 and received a summary order of KRW 2 million for the same crime in the same court on November 3, 2008.
【Criminal Facts】
On December 27, 2018, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven Dcopic car at approximately 20 meters while under the influence of alcohol 0.122% at the blood alcohol level as seen earlier C in Mapo-si, Sinpo-si, Sinpo-si on December 27, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 grounds for sentencing under Article 62-2 of the Criminal Act, which leads to a traffic accident and is highly likely to cause serious human and physical damage, and the defendant shall determine the punishment as ordered in consideration of various sentencing conditions, including the defendant's age, character and behavior, environment, circumstances of the crime, circumstances before and after the crime, etc., and the fact that the defendant has already been punished for drunk driving even though he had the record of punishment due to drinking driving.