beta
Text
A defendant shall be punished by imprisonment for not less than eight 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
[criminal power] On August 30, 2006, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 5 million at the Suwon District Court on October 29, 2014 for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On March 28, 2019, at around 01:44, the Defendant driven an E Car from the front of the “C” road located in Suwon-si, Suwon-si, Suwon-si, with a blood alcohol concentration of 0.208%. From around 50 meters to the road in the same Gu D, the Defendant driven an E Car from around 50 meters to the same Gu D.
As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking alcohol more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement, the report on request for appraisal, and the report on detection of the drinking driver;
1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the list of related cases;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentence shall be determined as ordered in consideration of various conditions of sentencing shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc., and the fact that there is no record of criminal punishment heavier than a suspended sentence: The fact that there is two times the records of criminal punishment for drinking driving; the blood alcohol concentration level of the Defendant is considerable;