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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 5, 2015, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 4 million for a violation of road traffic law at the Incheon District Court’s Busan District Court’s Branch Branch on November 5, 2015, and on August 4, 2016, a summary order of KRW 6 million with a fine of KRW 6 million for a violation of road traffic law (driving under drinking) at the Seoul District Court’s Central District Court.
[Criminal facts] On November 6, 2020, the Defendant driven a C rocketing vehicle owned by the Defendant at approximately 2 km section from around 2km to the front of the body park in the city where he was under the influence of alcohol content of 0.139% in blood around 23:43.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (the contents of a crime are inferior, but the following circumstances shall be taken into account:
In other words, the defendant shows the attitude to reflect the mistake by recognizing the facts of crime.
Before the judgment, there was no other criminal records.
When the defendant is detained, he/she may involve excessive difficulty in living of his/her dependent, such as a minor, etc.
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;