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A defendant shall be punished by imprisonment for one year.
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 29, 2017, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court as a crime of violating the Road Traffic Act.
On January 19, 2020, the Defendant operated B K7 vehicles under the influence of alcohol with approximately 0.065% of blood alcohol concentration from the Do in front of the Geumne Station located in the Geumju-si, Geumju-si, Geumju-si, from around 3km to the Dong-dong 356-1, the Defendant was under the influence of alcohol.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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 Road Traffic Act amended on December 24, 2018, on the grounds of sentencing under Article 62-2 of the Criminal Act, amended on December 24, 2018, when selecting a person who has driven under the influence of alcohol at least twice, the punishment was strengthened so that he/she may be sentenced to imprisonment for not less than two years but not more than five years (one year and not more than two years, even if mitigation is mitigated).
Although the defendant had already been punished as a drinking driving, as he/she again drives, it is necessary to punish him/her accordingly.
However, the above punishment shall be determined in consideration of the fact that the defendant has recognized his mistake, there is no record of punishment more severe than the fine, and the fact that the wife and the child should be supported.