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1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[Criminal Power] On August 5, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.
[Criminal Power] Around 00:05 on September 26, 2020, the Defendant driven CK5 car while under the influence of alcohol concentration of about 50 meters at the public parking lot B in Bupyeong-si, Seocheon-si. B.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (former and previous records), and summary order Acts and subordinate statutes one copy of the summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.
In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2014, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.
The blood alcohol concentration measured is not 0.101% as 0.101% rice.
However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.
It is so decided as per Disposition for the above reasons.