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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 19, 2011, the Defendant was sentenced to a fine of KRW 5 million by the Incheon District Court due to the crime of violation of the Road Traffic Act.
On October 28, 2019, at around 17:35, the Defendant driven a D K7 vehicle while under the influence of alcohol 0.221% in alcohol, from the front of the Gangwon-gun B to the front of the Gangwon-si, Gangwon-do.
As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of statements made by the employer;
1. Notification of the control of drinking driving;
1. Consent to blood collection and written confirmation;
1. A written appraisal of blood alcohol;
1. Records of judgment: Application of criminal records, reply reports (A), investigation reports, 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. Article 62 (1) of the Criminal Act;
1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.
The Defendant driven a considerable distance in a state with a high blood alcohol concentration.
The defendant has been punished several times due to drinking driving, driving without license, etc.
The favorable circumstances: The defendant reflects the crime of this case.
There is no record that the defendant has been punished by imprisonment or more severe punishment.
Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as