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A defendant shall be punished by imprisonment for not less than one year and six months.
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
On April 3, 2007, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court as a crime of violation of the Road Traffic Act.
On April 29, 2020, at around 00:11, the Defendant driven a D Ecoo vehicle under the influence of alcohol content of approximately 0.078% from the 2km section from the c cafeteria in Seo-gu, Daejeon to the dived World Cup No. 42-5, Seo-gu, Daejeon.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Making a report on the control of drinking driving;
1. Previous conviction: Application of a summary order and the results of inquiry, and Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
(a) Unfavorable conditions: The fact that the instant crime was committed again despite having been punished for drunk driving, such as a previous conviction, and that the blood alcohol concentration was high, etc.;
(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no penalty power exceeding the fine due to drinking driving, etc.
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.