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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
On October 8, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support on October 8, 2009, and on November 30, 2016, the same court received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.
On June 23, 2019, at around 19:16, the Defendant driven a car with blood alcohol concentration of about 0.075% from around the C cafeteria located in Net City B to the front of the D Dosan City D Do., while under the influence of alcohol, the Defendant driven a car with blood alcohol concentration of about 1.3km.
Accordingly, the defendant, even though he had a power to drive a vehicle under the influence of alcohol not less than twice, was under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act includes various sentencing conditions specified in the records and arguments of this case, including the defendant's criminal records of the same offense, the time interval with the previous drinking driving record, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the occurrence of the accident, the driving distance of the defendant, the reflectability of the defendant, the family relationship, etc., and the records and arguments