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 August 19, 2014, the Defendant issued a summary order of KRW 10 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s branch on August 19, 201, a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a crime of violation of the Road Traffic Act in the same court on October 13, 2010, and a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act in the same court on August 20, 2010.
On July 8, 2020, the Defendant driven C C C in the state of alcohol alcohol concentration at approximately 0.040% in the 1km section from the B underground parking lot of 00:05 macroscam to the 1km of Yanpyeong-dong, Myeong-dong, Myeong-dong, Myeong-dong, Myeong-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Optional to Imprisonment) and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of punishment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Although the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. has already been punished by a fine for drinking driving on several occasions, considering the fact that drinking water is relatively low at the time of the instant crime, the previous records of punishing the Defendant for drinking driving was between 2010 and 2014, and the fact that the Defendant is against the law, etc., the punishment as set forth in the text shall be determined.