beta
Text
A defendant shall be punished by imprisonment for two years.
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
On July 17, 2015, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on September 19, 2016, respectively.
Although the Defendant had a punishment force twice as above, at around 23:45 on December 23, 2019, the Defendant driven a B K5 car while under the influence of alcohol concentration of 0.058%, and proceeded with approximately 200 meters from the Seo-gu Celher in Seo-gu, Seoan-gu, Seoan-gu, Seoul, to the E-way located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and ledger of the use of a drinking measuring instrument;
1. Inquiry reports, such as criminal records, and application of each summary order statutes;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.
In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.
However, the defendant recognizes his mistake and is against his will.
The blood alcohol concentration level measured is not very high.
There was no accident.
There is no criminal punishment except for the previous offense of a fine for the above alcohol driving and twice.
In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.