beta
Text
A defendant shall be punished by imprisonment for one year.
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 June 11, 2010, the Defendant issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court (FE300,000 won). On July 11, 2019, the Defendant driven a car under the influence of alcohol of 0.072% with a blood alcohol concentration of 0.072% at the front of the E on the roads of “C” located in D, Namyang-si, Namyang-si, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry into the results of the crackdown on driving under the influence of alcohol;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2001 and around 2010, the sentence is determined by comprehensively taking account of the Defendant’s age, character and conduct, family relation, motive and means of a crime, circumstances after a crime, etc., and the prosecutor’s life imprisonment (two years of imprisonment) as stated in the instant records and arguments, given that the period of punishment is 0.072%, and the blood alcohol content of the instant case is 0.0%.