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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 November 1, 2006, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Daegu District Court’s port branch on November 1, 2006; the summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 9, 2007; and on May 27, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (Refusal of Drinking Measures).
【Criminal Facts】 On April 24, 2020, the Defendant driven a DM5 vehicle under the influence of alcohol concentration of approximately 0.085% in the section of about 2 km from the road near Ulsan-gu B apartment to the road front of Ulsan-gu, Ulsan-gu, Seoul-do.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (report accompanied by a copy of a summary order);
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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, two times the punishment of a fine for refusing to measure drinking, the past record of having been sentenced to a fine for refusing to measure drinking, the past record of having no previous record of exceeding a fine, the family members to support, such as young children, etc., the fact that the crime is divided, the background of drinking alcohol and drunk driving, the age and environment of the accused, etc. shall be considered;