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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 July 2, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on June 14, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 14, 2013, and on May 2, 2014, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on May 2, 2014.
On November 16, 2019, at around 15:30, the Defendant driven an E-7 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.154% from the road in front of the Danung-gun, Goungnam-gun, Seoul to the road in front of the D village.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the inquiry of the results of the crackdown on drinking driving, and the written appraisal of blood alcohol;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
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. Suspension of execution of a sentence under Article 62 (1) of the Criminal Act (limited to a period of time, in consideration of the fact that the execution of the sentence is suspended, but it is against the previous three times, and that the vehicle is not re-offending while transferring the vehicle, and probation, etc. is added to prevent recidivism);
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;