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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 January 18, 2013, the defendant is a person who has the same kind of power, such as receiving a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act, in the Youngwon branch of the Chuncheon District Court on January 18, 2013.
On October 20, 2019, at around 12:45, the Defendant driven an E-5 vehicle while under the influence of alcohol with approximately 0.047% of alcohol concentration in approximately 2km from the roads near the B apartment in Incheon to the roads near D in Incheon City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);
1. Inquiry into the result of the crackdown on drinking driving;
1. Criminal records: Application of each of the Acts and subordinate statutes of one copy, including criminal history records, investigation records (two times before and after the same type of crime), and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
Unfavorable circumstances: The defendant was subject to criminal punishment twice due to drunk driving around 2006 and around 2012.
A traffic accident was caused by heavy damage during drunk driving.
The favorable circumstances: The mistake is recognized and reflected.
Blood alcohol concentration is relatively high.