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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 April 16, 2019, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for the violation of the Road Traffic Act from the Cheongju District Court Support.
Nevertheless, at around 01:40 on June 4, 2020, the Defendant driven a E-high-est motor vehicle while under the influence of alcohol content of about 0.147% in the section of approximately 549 meters from the front of the C incheon-si B to the front of Dacheon-si D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the result of the crackdown on drinking driving, and statement in the circumstances of drinking drivers;
1. A report on the occurrence of a traffic accident;
1. Reports on traffic accidents, photographs on the scene of accidents, and ct images for crime prevention;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports and the application of Acts and subordinate statutes (the confirmation of criminal records for driving a motor vehicle or a drunk);
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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
The defendant has been punished as a fine for a violation of the Road Traffic Act in April 2019.
The favorable circumstances: At the time of crime and the mistake are divided.
There is no history of criminal punishment exceeding a fine due to the same crime.