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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 January 21, 2019, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.
On 24, 2020, at around 06:29, the Defendant driven an E-7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.203% from around 800 meters from the front side of Pyeongtaek-si B to the front side of Pyeongtaek-si D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
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: Criminal records, etc. and inquiry reports, the same criminal records and the application of summary order-related Acts and subordinate statutes;
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, even though the person was punished as a fine for drinking under the influence of alcohol in the year 2018, and carried out the instant drinking driving;
There is also a history of punishment once for driving without license.
The drinking alcohol level of drinking driving is very high once.
In light of this point, the liability for the crime is not somewhat weak.
However, the defendant reflects his mistake and repents.
Other factors of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order, comprehensively taking into account.