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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On September 3, 2015, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act in the Gwangju District Court's net support on September 3, 2015, and the same power has totaled two times.
On July 25, 2020, the Defendant driven BN driver’s car while under the influence of alcohol content of 0.126% in the blood, from the early long distance in the alley where around 00:45 on July 25, 202 the Defendant was under the influence of alcohol level of 0.126%.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement report on the circumstances of a driver driving a drinking, a survey report on the actual condition of drinking restrictions, and a survey report on the site of each accident;
1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture has caused an accident that causes the shocking of road boundary seat while driving a motor vehicle under the influence of alcohol again even though the defendant had a history of criminal punishment twice due to driving under the influence of alcohol, and such risk is high.
However, the defendant would not drive drinking again while reflecting his own mistake in depth.
In light of the fact that the defendant seems to have an attitude to take into account the age, sex, environment, family relationship, criminal history, the circumstances and results of the crime of this case, etc., the punishment shall be determined as ordered by taking into account the various factors of sentencing as shown in the records.