beta
Text
A defendant shall be punished by imprisonment for not more than ten 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 December 26, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 100,000 for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch on April 17, 2013, to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act (driving) at the Incheon District Court's District Court on February 7, 2014, to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on February 7, 2014, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court's Vice Branch on July 23, 2015, respectively.
Criminal facts
Although the Defendant had been punished for drinking driving two times or more as above, the Defendant driven a F bargaining car under the influence of alcohol with approximately 0.177% alcohol concentration from the section of approximately 200 meters from the road near the Seo-gu Incheon Metropolitan City, to the “E” road located in the same Gu as “E” in the same Gu, around June 17, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Photographs as a result of the crackdown on drinking driving, and as at the time of detection of suspect driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records and investigation reports (report on confirmation of the same criminal records as a suspect), and summary orders attached thereto;
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, Dec. 24, 2018);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da11448
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;