beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On October 29, 2010, the Defendant was issued a summary order of KRW 1.5 million from the Suwon District Court’s Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and on June 27, 2014, a summary order of KRW 5 million was issued from the Seosan Branch of the Daejeon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On September 6, 2018, at around 22:30, the Defendant driven a D SP car with approximately 10km section from the road located in Gangwon-gun B to the front road of the Susi-si in order to ensure that the Defendant was under the influence of alcohol concentration of about 0.315%.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drunk driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), 112 report, case handling table, and return to the enemy;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the same kind of crime even though he/she had a record of criminal punishment several times for the same crime, and the blood alcohol concentration of the defendant at the time of this case is considerably high, and the defendant's mistake is recognized, and the punishment shall be determined as ordered in consideration of all the sentencing conditions