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The sentence against the accused shall be determined by one year and four months of imprisonment.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 8, 2012, the Defendant received a summary order of KRW 1,50,00,000 from the Jeonju District Court as a crime of violation of the Road Traffic Act.
Nevertheless, at around 02:58 on October 27, 2019, the Defendant driven a DNA car with a blood alcohol concentration of 0.098% in the 2km section from the front of the “C” in the Chungcheongbuk-si B to the front of the same Sincheon-si.
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. Investigation reports and notification of the results of the drinking driving control;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;
2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.
Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.
- The defendant has previously been subject to criminal punishment for the same kind of crime.
The favorable circumstances - The defendant has no record of criminal punishment exceeding the fine due to the same crime before.