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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 August 16, 2013, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 26, 2020, at around 20:10, the Defendant driven a motor vehicle with Dialk in the state of alcohol 0.122% alcohol concentration at approximately KRW 1km from the road front of the C cafeteria located in Busan Metropolitan City, to the private distance at approximately 75-0, a pressure-based university located in the same Si-Eup.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;
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. On the grounds of Article 62-2 of the Criminal Act, the court shall determine the sentence as ordered by taking into account the following circumstances: the defendant’s age, character and conduct, environment, motive and means of crime, the circumstances after the crime was committed, and the conditions of various sentencing as shown in the argument of this case:
The state of unfavorable circumstances: Although there was a history of punishment for drunk driving, the drinking driving has been repeated.
The blood alcohol concentration level has high, resulting in the occurrence of traffic hazard.
The favorable circumstances: The crime is recognized.
There shall be no criminal records of imprisonment without prison labor or more.