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A defendant shall be punished by imprisonment for two years.
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
[criminal power] On February 10, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the Seocho-gu District Court Goyang Branch on February 10, 2015, and on September 4, 2015, the Defendant was sentenced to a fine of KRW 2,50,000 for the same crime in the same court
【Criminal Facts】
On August 24, 2020, the Defendant driven a D Poteme car in the state of alcohol alcohol concentration of approximately 0.043% from the front of the “C” road located in Pakistan-si B to the front of the “C” road in Pakistan-si.
Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;
1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, and Acts and subordinate statutes for confirmation (attached to summary orders);
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. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime
However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the health condition is not good, and the fact that there is no criminal record exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, family relation, character and conduct, the means and consequence of the crime, and the circumstances after the crime, etc.