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
[criminal power] On May 15, 2014, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act. On March 20, 2015, the Defendant received a summary order of KRW 3 million from the same court due to the same crime.
【Criminal Facts】
On March 5, 2020, the Defendant, as a person who violated the prohibition of drunk driving as above, driven a passenger car at approximately 30 km away from the front road of the racing fare in front of the racing fare station located in the Seoul Busan IC, which is located in Ulsan-dong, in the state of under the influence of alcohol of 0.141% with a blood alcohol concentration of 0.5%.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The fact that there exists a record of being punished twice due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the high drinking alcohol level, the fact that there is no previous record exceeding a fine, the fact that a person committed a crime while running a gold farm and community service, the fact that a person supports his/her family, such as a minor, while living a workplace, the reason why a person driven a drunk, the defendant's occupation, age, environment, etc.