beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six 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
On September 20, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Incheon District Court's Branch on November 18, 2016.
On May 23, 2019, at around 14:26, the Defendant driven a vehicle while under the influence of alcohol of about 0.119% of the blood alcohol concentration at the section of approximately 1k from the Do in front of the C cafeteria located in Asan City B to the front of the D Do in Asan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, report on the state of drinking drivers, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions as indicated in the judgment: Criminal history records, probationary orders for the branch court of Daejeon District Court (2016 High Court Decision 5920) and summary orders for the branch court of Daejeon District Court (2006 High Court Decision 9587) shall apply;
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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has been punished for a fine on three occasions due to the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is very high, and the fact that the defendant recognizes the crime, etc., the punishment shall be determined as set forth in the text.