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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
【Criminal Power】 On August 28, 2013, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 4, 2013, issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court.
【Criminal Facts】 Although the Defendant had the record of being punished for drunk driving, the Defendant driven a D-to-be motor vehicle under the influence of alcohol leveling 0.20% of blood alcohol leveling from around 300 meters to the front road of the C-A-type apartment in the city, from May 22, 2020 to around 23:49 on May 22, 2020.
Summary of Evidence
1. Place where the defendant's legal statement is reported on the state of driving, investigation report, and field photograph is printed out;
1. Previous records: Application of inquiries, such as criminal records, etc., a written reply and output of the summary order;
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 Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, committed a second offense even though he had a record of drinking alcohol driving twice.
Blood alcohol concentration is very high and locked in the signal atmosphere.
When the detection is discovered, it can be seen that the driver has been driving in very dangerous circumstances.
On the other hand, there is no record that the defendant reflects the mistake and has been punished in excess of the fine.
There was no other damage.
In addition, the punishment shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age and environment, background leading to the crime, and circumstances after the crime.