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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 April 29, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the same court on June 17, 2016, respectively.
At around 00:45 on July 3, 2020, the Defendant revised the driving time to a more close time than the driving time.
In the front of the building B in the case of Pakistan, CKani vehicle was driven under the influence of alcohol level of 0.245%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. The application of Acts and subordinate statutes to the defendant's legal statement statement, investigation report, notification of the results of the crackdown on drinking driving, criminal records, etc. and investigation report, etc.;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant had been sentenced to a fine twice in 2016 due to the crime of drunk driving, but he also committed the crime of drunk driving.
The defendant's drinking value is very high.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
There is no record that the defendant was sentenced to suspended sentence or heavier punishment.
This is favorable to the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.