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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
[criminal power] On October 16, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, and KRW 4 million for the same crime at the Daegu District Court on June 2, 2017, respectively.
【Criminal Facts】
On July 27, 2020, at around 06:17, the Defendant driven a FM7 car in the state of alcohol alcohol concentration of about 0.138% in a section of about 50 meters from the front of the road in Nowon-gu, Seoul Special Metropolitan City, to the front of the road in D, while under the influence of alcohol level of about 0.138%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes governing summary orders;
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 sentence of Article 62-2 of the Criminal Act is repeated even though the reason for the sentencing of Article 62-2 of the Criminal Act, so the sentence of imprisonment is chosen.
However, the fact that the crime is recognized, the driving distance is not long, etc. shall be considered as favorable to the defendant.
In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc. and the various conditions of sentencing as shown in the argument of this case shall be determined as ordered by considering the following factors.