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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
[criminal power] On July 23, 2008, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3.5 million from the Suwon District Court’s Ansan Branch on June 28, 201 to a fine of KRW 3.5 million from the same crime.
【Criminal Facts】
On August 14, 2020, the Defendant, while under the influence of alcohol 0.175% of blood alcohol level on August 23:59, 2020, driven a car by cluring from the vicinity of the members of Ansan-si to the shooting distance of about 1 km in the same Sinsan-dong 1636 Sari-dong.
Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of three copies of the summary order under Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (not less than three times of record of driving under the influence of alcohol).
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the last record of the punishment for running a motor vehicle for a period equivalent to a year
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;