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A defendant shall be punished by imprisonment for one year.
except that 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
On July 24, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court. On June 14, 2009, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch branch.
On January 13, 2020, the Defendant driven a F rocketing car with a blood alcohol concentration of 0.136% under the influence of alcohol from the front way of C Village Center located in C, 20:35 occ to the front way of E, E, Elementary School located in D, Tong Young-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. Notification of the result of the drinking driving control;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, summary orders, etc.;
1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;
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. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined as per the order, considering all the circumstances including the defendant's drinking water or driving distance at the time of the crime in this case, the previous records and time of the punishment for drinking driving, and the fact that the defendant is against the defendant;