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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On May 18, 2011, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the members of the Suwon District Court on June 7, 2013. On February 25, 2015, the Defendant received a summary order of KRW 5 million as a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seocheon District Court’s Support of Gwangju District Court on February 25, 2015.
On January 15, 2021, at around 00:55, the Defendant driven a rocketing car under the influence of alcohol concentration of approximately 0.071% from the section of about 5 km from the front of the G lodging house located in the Gyeongbuk-gun B to the national highways of about 0.5 meters prior to the same military branch D.
Therefore, although the defendant was punished by drinking, he again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the statement made under the circumstances of a driver driving at home, a copy of the investigation report (report on the circumstances of the driver driving at home), inquiry into the results of crackdown on drinking driving, and report on internal investigation (related to photographing on-site photographs
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. In particular, the defendant's reflection of the reason for sentencing under Article 62 (1) of the Criminal Act, the degree of driving and the distance of driving under influence of alcohol, and the records of driving under influence of alcohol (three times a punishment penalty) shall be taken into account.