Text
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 29, 2015, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on May 29, 2015, and a summary order of KRW 4 million for the same crime in the same court on January 4, 2019, respectively.
【Criminal Facts】
Around 04:30 on March 31, 2020, the Defendant driven an Espke car from around 150 meters away from the front side of the “C” in Seosan-si B, Seosan-si, to the front road in Seosan-si, Seosan-si, while under the influence of alcohol content 0.276% of alcohol content.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. An accident site photograph;
1. Requests for appraisal;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);
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. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, details of control, circumstances after the crime, the defendant's identical power, environment, etc.;