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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 28, 2010, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on May 13, 2019, the Defendant received a summary order of KRW 3 million from the Suwon District Court’s site to the same crime.
【Criminal Facts】
On June 27, 2020, the Defendant driven D d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Criminal place, report on crackdown on drinking drivers and the proper launch, report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, report on the use of a drinking measuring instrument, on-site photographs, and report processing table of cases reported;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.
The blood alcohol concentration measured is considerably high by 0.143%.
The risk of an act is high, such as arrest of the police who was reported while driving at a dangerous level, such as receiving a guard, etc.
Above all, even though the defendant has been fined twice due to drinking driving in the past, there is a high possibility of criticism in that he has committed the same crime in about one year.
In addition, the defendant has been under the suspension of the execution of imprisonment with prison labor for crimes of different types.
Considering this point, even if the defendant is punished by imprisonment without prison labor or more under the employment rules of the company accompanying the defendant, it is a reason for dismissal.