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A defendant shall be punished by imprisonment for not less than eight 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 July 7, 2011, the Defendant was sentenced to a suspended sentence of two months for a crime of violation of the Road Traffic Act at the Daejeon District Court. On November 15, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court’s rice support.
【Criminal Facts】 On May 1, 2019, at around 15:07, the Defendant driven a sports car in the Bcoon with a blood alcohol content of about 0.098% over the bus stops located in the 1st, south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car.
Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions for sentencing under Article 62-2 of the Act on Probation and Order to Attend: (a) are considered to reflect one’s mistake, including a stay of execution, which appears to reflect one’s fault; (b) the same criminal record is considered to reflect one’s fault; and (c) the same criminal record is deemed to have lived faithfully thereafter; and (d) the defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, and all the conditions for sentencing specified