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Defendant shall be punished by imprisonment for a term of one year and four 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
[Criminal Power] On January 9, 2013, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 21:20 on July 13, 2020, the Defendant driven a DNA car with a blood alcohol concentration of about 0.092% from the entrance of Yongsan-gu Seoul Metropolitan Government Parking Area B to the front road of Seodaemun-gu Seoul Seomun-gu, Seoul.
Accordingly, the defendant violated the prohibition of re-offending of drunk driving more than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes to the accused's statutory statement, statement, results of the crackdown on drinking driving and control, criminal records of his/her oral statement, and criminal records of his/her oral statement, investigation reports (Attachment to the same attached power);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had already been punished for drinking driving on two occasions, the instant drinking driving was done at the same time, and the instant drinking driving resulted in a traffic accident.
Meanwhile, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not commit such an error, the punishment as ordered shall be determined by taking into account the various circumstances favorable to the defendant, such as the drinking water and driving distance of the case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments.