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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three 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 4 million for a violation of the Road Traffic Act from the Daejeon District Court's branch on July 21, 2014, and has violated Article 44 (1) of the Road Traffic Act.
At around 17:51 on July 12, 2020, the Defendant driven DK 5 automobiles with a blood alcohol concentration of about 0.129% in the section of about 5km from the road located in the Sinsan-si, Sinsan-si, Ansan-si to the road in front of C in Yannam-gu, Yannam-gu, the Defendant driven DK 5 automobiles with a alcohol level of about 0.129%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, the case handling report 112, and the field photograph of the crackdown;
1. Application of a reply to inquiry, such as criminal records, and a summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.
The blood alcohol concentration measured is considerably high by 0.129%.
In the past, even though the defendant was fined once due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.
However, the defendant recognizes his mistake and is against his will.
There was no accident.
No person shall be subject to criminal punishment, except once a fine is imposed.
There is a family to be supported, and the economic situation is not sufficient.
In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.