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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
Criminal facts
On March 8, 2010, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 4 million due to a violation of the Road Traffic Act, etc. in the Gwangju District Court’s Netcheon Branch on March 8, 2010, and a fine of KRW 5 million by the same court on July 2, 2015.
On April 24, 2020, the Defendant driven a car under the influence of alcohol 0.052% in the section of approximately 200 meters of alcohol level from the Do in front of the Suncheon-si B to the roads front of the same city hotel.
Summary of Evidence
1. The defendant's legal statement, the results of the drinking driving control, and the report on internal investigation;
1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (report attached to the same type of judgment) - Application of Acts and subordinate statutes governing 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. 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 very negative for the defendant to drive under the influence of alcohol again even though he/she had a record of criminal punishment several times due to drinking driving, etc.
However, under the positive circumstances, such as the Defendant’s age, character and behavior, environment, criminal records, the circumstances and results of the instant crime, and the circumstances after the commission of the crime, etc., it appears that the Defendant would not drive under the influence of alcohol again, and that the blood alcohol concentration level of the instant case is relatively high, etc., the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions indicated in the records, such as the Defendant’s age, character and behavior, environment