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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 26, 2012, the defendant received a summary order of a fine of KRW 4 million from the Incheon District Court as a crime of violation of the Road Traffic Act.
Nevertheless, at around 23:20 on October 3, 2019, the Defendant driven a F B-tech car under the influence of alcohol by 0.219% from the 10km section from the front of the C cafeteria located in the west-gu Seoul Special Metropolitan City, Chungcheongnam-do to the front of the E-ray located in the west-gun D.
As a result, the defendant has committed a violation of the Road Traffic Act (driving) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;
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. 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of punishment for drunk driving.
However, there is no record of criminal punishment except for a single fine, and there is no traffic accident in favor of the defendant.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.