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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
[criminal power] On March 30, 2010, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on April 18, 2012, the same court received a summary order of KRW 5,00,000 as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On February 2, 2020, around 02:38, the Defendant driven a e-learning car under the influence of alcohol 0.128% in the 2km section from Bupyeong-gu, Incheon to the front road of “D” located in the same Gu C from the Bupyeong-gu, Incheon to the front road of “D”.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, even though he had been subject to two times of punishment for the same kind of crime, was driving again under the influence of driving under the influence of alcohol, such Defendant’s act should be criticized
However, it shall be considered as favorable factors such as the fact that a drinking driver is not driving under the influence of alcohol, and the degree of other drinking, age, character and conduct, and environment of the defendant and the various sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case, shall be determined as ordered.