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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 June 10, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.
On May 8, 2020, at around 23:00, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 12 km alcohol concentration of about 0.150% from the 12km section to the roads in front of the U.S. in the same military zone C in the U.S. on May 8, 202.
Accordingly, the defendant was driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to inquiries and reports on criminal records, etc.;
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. The reason for sentencing of Article 62(1) of the Criminal Act on probation and an order to attend a lecture under Article 62-2 of the Criminal Act is three times the fine due to drinking driving, and the driving distance due to drinking driving or the blood alcohol concentration at the time of driving under the influence of alcohol is reasonable.
In addition to the above criminal records, the defendant has several criminal records.
When considering the circumstances favorable to the defendant, the fact that the defendant has committed a mistake and is against the defendant's will be considered.
In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.