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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 22, 2013, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On January 15, 2018, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) from the Jungyang Branch Branch of the Jung-gu District Court on March 15, 2018.
On July 9, 2020, around 05:09, the Defendant driven a D Eccoo vehicle under the influence of alcohol leveling 0.143% of alcohol level from approximately 1.2 km to Soyang-gu C, Soyang-gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the result of the drinking driving control (the place where the drinking record is recorded);
1. Report on the actual state of the driver;
1. Previous records: The results of inquiry and the application of Acts and subordinate statutes of investigation report (Attachment of summary order);
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. Although the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, the probation and order to attend a lecture, or the order to attend a lecture, even though he/she had been sentenced to a fine due to drinking driving in 2013 and 2018, he/she again driven a drinking again, and the drinking water in this case is considerably heavy.
Comprehensively taking into account various factors of sentencing that appear in the course of investigation and trial, such as the age, social living relationship, circumstances before and after the crime, etc., the sentence shall be determined as ordered and the execution thereof shall be suspended, but probation, etc.