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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 4, 2011, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million for the same crime in the same court on August 4, 2015.
On November 21, 2020, the Defendant driven C-A-A-car under the influence of alcohol concentration of approximately 0.087% in a section of about 20km from the front of the P-A-A-car in Yangju to the front of the “B hotel at P-A-si” road from the P-A-A-car in Yangju City.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and entry of a secondary inquiry;
1. Previous convictions in judgment: Application of respective Acts and subordinate statutes to inquiries, such as criminal history, and written requests for summary orders;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant had been punished for driving alcohol twice or more, and the distance from driving alcohol is 20km or more.
However, the drinking volume of the crime of this case is relatively high, and the defendant was punished for driving under the influence of alcohol for more than five years, and there is no other criminal record.
It is hard to say that the defendant did not dispose of the vehicle and did 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 the order.
It is so decided as per Disposition for the above reasons.