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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
Criminal facts
Some of the facts charged were corrected.
On March 13, 2013, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court on March 13, 201, and on April 19, 2017, the Defendant was sentenced to a fine of KRW 5 million as a crime of the same violation of the Road Traffic Act.
Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on May 28, 2019, the Defendant driven a new brand XG car at approximately 3 km from the front road of the Association, located in Ischeon-si B, in the state of alcohol of 0.132% of blood alcohol concentration around May 28, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures was that the Defendant driven a vehicle under the influence of re-driving, even though the Defendant had a record of being sentenced to each fine in around 2013 and around 2017, which is not less than 0.132% of the blood alcohol level of the vehicle.
The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, there is no other criminal records other than four times of fine, and other circumstances such as the defendant's age and character, environment, motive, means and consequence of the crime, etc., such as the defendant's age and character, environment, motive and consequence of the crime.