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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 6, 2015, the Defendant was sentenced to a suspended sentence of one year for six months as a crime of violating the Road Traffic Act in the Goyang Branch of the District Court.
On May 16, 2020, at around 0:54, the Defendant driven a DNA d's d'turbur vehicle from around 6 km to the front road of Pakistan, in the state of alcohol of 0.137% alcohol concentration.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement of the circumstantial statement of a drinking driver, and statement of the result of crackdown on drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes described in criminal records, references to criminal records, investigation reports, and criminal 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies only four times in the criminal records of punishment for drunk driving, and the criminal records of the crime of this case are very high and the distance of drinking driving is also long.
However, more than five years have passed since the defendant was punished for drinking driving, and more than 15 years have passed since the remaining three previous crimes have passed.
From the beginning, the defendant was willing to commit the crime and cooperation in the investigation.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.
It is so decided as per Disposition for the above reasons.