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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On November 5, 2010, the Defendant issued a summary order of KRW 1.5 million at the Suwon District Court for a violation of the Road Traffic Act, and the summary order of KRW 4 million at the Suwon District Court on January 18, 2017 for a violation of the Road Traffic Act.
【Criminal Facts】
On April 15, 2019, at around 22:21, the Defendant driven an Efran vehicle while under the influence of alcohol with approximately 0.05% alcohol concentration from the 100-meter section from the Da adjacent parking lot located in G in Sung-si B to the D front road.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
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. 16037, Jun. 25, 2019);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The court shall select and punish imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act by taking into account the fact that the defendant had been punished twice or more for drinking driving, despite the fact that he/she had again driven under the influence of drinking, and shall not have any record of punishment exceeding the fine prior to the crime of this case, and sentence suspension of execution shall be imposed.
The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.