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A defendant shall be punished by imprisonment for not less than eight 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
[criminal power] On May 7, 2010, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the same court on April 16, 2012, and a summary order of KRW 5 million from the same court on February 5, 2016 to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On July 24, 2014, the Defendant was sentenced to a summary order of KRW 5 million by the same court on July 24, 2014.
【Criminal Facts】
On 07:30 on 01, 2019, the Defendant driven Cenz’s car in a drunken state of about 4 km from approximately 112 credit union No. 1 to the front of the exit 112 credit union as the Han River from Yongsan-gu, Seoul to the Han River.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act on the part of the defendant who committed the crime of this case, even though the defendant had been sentenced to a suspended sentence due to the same criminal act, is disadvantageous to the defendant; however, the fact that the defendant recognized the crime of this case; about five years have passed since the suspended sentence was rendered; and the fact that the defendant did not cause a traffic accident at the time of the
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;