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A defendant shall be punished by imprisonment for a term of one year and two 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 July 21, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court's branch office as a result of the violation of the Road Traffic Act.
Criminal facts
On May 7, 2020, at around 21:28, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.067% from the front side of the “C” in Chungcheongnam-si B to the front side of the Gyeonggi-si D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (verification of sound driving records),- Application of Acts and subordinate statutes of two 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 that the Defendant was punished three times by a fine due to drunk driving (200, 2004, and 2014). In addition, the instant drinking driving was conducted at the same time, and the driving distance is not low and the driving distance is very low, and the responsibility for the relevant crime is not easy.
However, it shall be considered that the defendant reflects the defendant's mistake, and that there is no record of punishment exceeding the fine, etc. that is favorable to the defendant, and other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, family relationship, etc., shall be determined as the same as the order.