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 October 14, 2014, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Northern District Court for a violation of the Road Traffic Act.
On November 17, 2019, at around 00:13, the Defendant was under the influence of alcohol with 0.186% of blood alcohol concentration, and the Defendant driven B rocketing car at the front of a water source, which is located in the transfer line of Suwon-si, in front of a restaurant in the transfer line of Suwon-si.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the status of driving under the influence of alcohol;
1. Reference letters, investigative reports (verification of the history of sound driving), and the application of a copy of judgment 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 2014, the sentence sentence is determined based on the distance with the previous penal records, the degree of alcohol content in the blood of this case reaches 0.186%, taking into account, inter alia, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the instant records and arguments, such as the circumstances after the crime, are comprehensively considered.