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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 July 25, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on November 13, 2013.
On June 28, 2020, at around 23:34, the Defendant driven a D Sp-type car at the section of about 3 km to the front road located in Suwon-si, Suwon-si, at the parking lot located in Suwon-si, Suwon-si, Suwon-si, in a state of alcohol alcohol concentration of 0.066%.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employer to the driver;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, etc.;
1. Records of judgment: Application of Acts and subordinate statutes concerning criminal records;
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. 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 with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;
However, the defendant recognized the crime of this case and divided his mistake, the year 2008 during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant has no record of punishment more than the suspended execution yet, and the defendant has no record of punishment yet to be punished, and the punishment as ordered shall be determined by taking into account the various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, the circumstances after the crime, etc., as shown in the records.