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A defendant shall be punished by imprisonment for not less than eight months.
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
On December 21, 2006, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 3 million as a fine for the same crime in the same court on December 14, 2007, respectively. On April 9, 2009, in the same court on the same crime, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime, and on July 15, 201, to a suspended sentence of two years for the same crime.
On April 7, 2019, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice at around 20:10, as seen above, and again driven a e-mail vehicle with approximately 50 meters of 0.09% alcohol concentration in the blood, while under the influence of alcohol at around 0.09%, from the street side of the “C Union” in Sejong B to the road near the D market.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, the report on the situation of a drinking driver, the ledger of use of a drinking measuring instrument, and the review of the results of the drinking driving control;
1. Previous convictions indicated in the judgment: Criminal history records, probationary records, previous records of dispositions and confirmation reports, investigation reports (verification of the records of punishment for not less than twice due to sound driving), two copies of summary orders, and three copies of the judgment;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;