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The punishment of the accused shall be determined by one year and two months.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 6, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Jeonju District Court.
On June 28, 2019, at around 01:03, the Defendant driven a Dingu KX car at approximately 1 km section from the front of the restaurant in the name of the Sonsan-dong, YU to the front of the C in the same Gu, with a blood alcohol concentration of about 0.179%.
Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes reporting criminal investigations;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election
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 for probation, community service, or lecture attendance order;
1. Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
Unfavorable circumstances - The defendant's blood alcohol concentration is considerably high at the time of committing the instant crime.
- The Defendant has had a record of having been punished for the crime of drunk driving in the past three times, and has a record of having been punished several times for the same and different types of crimes.
The favorable circumstances - The defendant has no record of criminal punishment exceeding the fine due to the same crime.