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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 29, 2016, the Defendant was issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act in the Daejeon District Court's Seosan Branch.
On July 7, 2020, at around 03:25, the Defendant driven the Eland of Grandland, while under the influence of alcohol concentration of about 0.218%, from around 460 meters to the roads near C school located in Seosan-si B. D.
Accordingly, the defendant was driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Notification of the defendant's legal statement and the control of drinking driving;
1. The circumstantial statement of the employee;
1. Inquiries about criminal records, etc., an inquiry report on the dispositions not yet issued, the results of confirmation, and the application of statutes governing summary orders;
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. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Act on the Suspension of Execution is that the Defendant was sentenced to a fine due to drinking driving on July 2016, but was engaged in a drunk driving, and that the blood alcohol concentration at the time was 0.218% without blood alcohol concentration.
The fact that there is no significant penalty power for the defendant's wrong and reflects his/her wrong shall be considered in light of the circumstances favorable to the defendant.
In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.