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A defendant shall be punished by imprisonment for a term of one year and two 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
[criminal power] On March 10, 201, the Defendant was issued a summary order of KRW 3 million with fine for a violation of the Road Traffic Act (Refusal of measurement) at the Ansan District Court’s Ansan Branch on March 10, 201, and a summary order of KRW 4 million with the same court on November 4, 2011, respectively.
【Criminal Facts】
On April 19, 2020, at around 17:20, the Defendant driven a motor vehicle D with blood alcohol concentration of about 0.203%, over a line of about 5 km from the road near the Yandong-dong in Ansan-si, Ansan-si to the roads near C in the same Siwon-gu.
As a result, the Defendant violated the prohibition of drinking driving and drinking refusal twice or more.
Summary of Evidence
1. Investigation report on the actual state of the defendant's legal statement, notification on the results of the drinking driving control, the report on the circumstantial statements of the drinking-free driver, and investigation report;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing in Article 62-2 of the Criminal Act was that the defendant committed a second offense despite his previous conviction, and the blood alcohol concentration is very high.
The risk of his act is also high because he was in a state that he could not memory his act.
On the other hand, the punishment as ordered shall be determined in consideration of various circumstances, such as the fact that the defendant recognized the mistake and reflects, the fact that there is no criminal record exceeding the fine, and the circumstances leading to the crime.