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A defendant shall be punished by imprisonment for one year.
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 December 13, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on May 14, 2013.
At around 03:30 on June 8, 2020, the Defendant, at around 03:52 on the road located in the 13th C-W, T-Wing-ro, in a state of alcohol alcohol concentration of about 0.117% from around 3.5 km to the road located in the same city B, thereby violating the prohibition of drinking driving regulations at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement of the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and making an inquiry into the future;
1. Previous records: Application of Acts and subordinate statutes entered in the criminal records, inquiry reports, suspect's previous records, and summary order;
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in three times, and the defendant was punished for drunk driving, and the drinking alcohol level of the crime of this case is relatively high, and the distance of drinking driving is also long.
However, more than seven years have passed since the defendant was punished as a drunk driving, and the defendant seems to be against his will not repeat the crime.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.
It is so decided as per Disposition for the above reasons.