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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 10, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (driving) at the District Court of Jung-gu on November 10, 201, and on February 6, 2014, the same court issued a summary order of KRW 3.5 million for the same crime, and was punished twice or more for a crime of violating the Road Traffic Act (driving).
On November 26, 2017, around 09:50, the Defendant driven an Eststren vehicle while under the influence of alcohol content of about 0.189% from the 500-meter section from the west Road B to the D front Road at Speaker.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant repeatedly drives under the influence of alcohol even though he/she was sentenced to a fine twice due to drunk driving, so it is necessary to strictly punish the Defendant in order to prevent recidivism.
At the time, blood alcohol concentration is also high.
However, the defendant has no criminal records of probation or heavier.
In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime of this case, means and result, circumstances before and after the crime of this case, and other factors of sentencing as shown in the arguments of this case shall be determined as ordered.