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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 of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On July 21, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Seocho District Court’s territorial branch.
【Criminal Facts】
On July 2, 2019, around 21:20, the Defendant driven a B-ro vehicle under the influence of alcohol content of approximately 0.078% from the 3km section from the front of the mutual influence road located in Choyang-dong, Seocho-si, Young-si to the front road of the Seocho Elementary Education Library located in 11 Sinsi-si.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving, and the next inquiry;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment);
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 reasons for sentencing under Article 62-2 of the Criminal Act include a number of records of criminal punishment for the same crime.
The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.
However, the defendant's mistake is recognized, and finally criminal punishment for the same kind of crime is before about 11 years from the crime of this case.
In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the blood alcohol concentration of the defendant at the time of the instant case.