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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
Punishment of the crime
[criminal power] On November 29, 2007, the defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on March 27, 2009, KRW 3 million as a fine for the same crime in the same court on March 27, 2009, and KRW 5 million as a fine in the same court on December 27, 2012, respectively.
【Criminal Facts】
On August 9, 2020, the Defendant driven an E SP car at approximately 100 meters from the vicinity of the Michuhol-gu Incheon Metropolitan City's C Station to the front road of the same Gu while under the influence of alcohol of 0.086% of blood alcohol level around 00:22.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and 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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.
Unfavorable circumstances: The Defendant re-driving a motor vehicle even though he/she had a record of being punished for a drunk driving.
The favorable circumstances: there is no other force except the above crimes, and the record of the same kind of crime will be eight years prior to the above crimes.
The blood alcohol concentration measured is not high.