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 January 17, 2017, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court.
Although the Defendant had been punished for drunk driving, at around 16:0 on July 26, 2020, the Defendant driven a Fran-car under the influence of alcohol concentration of approximately 0.246% in the section of approximately 28.9km from the front of the “C” restaurant located in the Namyang-si, Namyang-si, Seoul to the front road of the 17:30 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement report on the driver, the status of the driver's practice and the investigation report on the driver's license (the circumstantial report on the driver's license);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act Article 62(1) of the Suspension of Execution Act, committed the instant crime again even though he was punished for drunk driving in 2017.
The blood alcohol concentration of this case was very high to 0.246%.
However, considering the fact that the defendant recognized the crime of this case, the fact that the defendant is expected not to repeat the crime of this case by disposing of the vehicle, and the age, character and conduct, family relationship, motive and means of the crime of this case, and circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records and arguments.