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A defendant shall be punished by imprisonment for not more than ten 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
On January 9, 2014, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on July 10, 2015, a summary order of KRW 4.5 million for the same crime in the same court on July 10, 2015, and a summary order of KRW 7 million for a fine of KRW 8 million on October 8, 2015 in the same court.
On March 28, 2019, around 18:10 on March 28, 2019, the Defendant driven a ewing-fran vehicle while under the influence of alcohol leveling 0.141% from the 4km section from the Defendant’s place of residence in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to D through C to the frontway.
As a result, the Defendant violated the prohibition of drunk driving at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report, the report on the results of the drinking driving control, and the circumstantial statement;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
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 fact that the defendant has been punished for drunk driving several times, and circumstances that are favorable to the degree of drinking: The fact that the defendant repents and reflects the crime, the above circumstances, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined in the same manner as the order, taking into consideration all the circumstances