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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 16, 2007, the Defendant was issued a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act at the Jung-gu District Court on July 16, 2007, and on April 17, 2010, the Defendant was issued a summary order of KRW 2,50,000 for a fine for a violation of the Road Traffic Act.
On April 11, 2020, the Defendant driven an E rocketing car under the influence of alcohol content of 0.164% from the front of the 'C Association' to the front of the 'C Association in Sacheon-si B' on the road of Sacheon-si, 2020, and around 3.9km from the front of the 'C Association' to the front of Sacheon-si D.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;
1. Application of Acts and subordinate statutes to inquiry reports and investigation reports;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2007 and around 2010, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case is 0.164%, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, including the following: