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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 November 7, 2017, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court as a crime of violation of the Road Traffic Act.
around 06:00 on August 23, 2020, the Defendant driven an Erabber vehicle under the influence of alcohol concentration of about 0.144% in the 4km section from the roads near “Cmju” located in the Pmju City B to the roads front of the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Application of Acts and subordinate statutes of one copy of the summary order to the accused's legal statement statement, investigation report, notification of the results of the crackdown on drinking driving, inquiry report such as field photographs, criminal records, etc.;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant was sentenced to a fine once due to the crime of drunk driving, the defendant committed the crime of drunk driving.
The drinking value is high and the driving distance is not short.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
There are no criminal records other than the above crime of drinking driving once.
This is favorable to the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.