Text
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 June 16, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Support for Incheon District Court on the same day, and a fine of KRW 1.5 million as a fine in the same court on May 28, 2013, respectively.
【Criminal Facts】
around 23:43 on January 18, 2020, the Defendant driven a DSS6 car under the influence of alcohol content of about 0.090% in a section of about 500 meters from the parallel of Pyeongtaek-si to the same city roads.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);
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 sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, and environment, such as drinking water in this case, the repeated criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case.