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A defendant shall be punished by imprisonment with prison labor for up to six 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
[criminal power] On March 11, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s House for the crime of violation of the Road Traffic Act, and a summary order of KRW 2,50,000 as a fine in the same court on December 2, 2016, respectively.
【Criminal Facts】
On March 23, 2019, at around 04:43, the Defendant driven a Da QM6 car with approximately 700m alcohol concentration of 0.220% while under the influence of alcohol on the front of the city railway distance, up to the road prior to the same city railway distance.
As a result, even though the defendant was punished not less than twice due to drinking driving, the defendant driven the above car while under influence.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of blood alcohol;
1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order attached to a suspect's same type of power);
1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
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 under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he had the record of punishment for the same kind of crime.
However, the punishment as ordered shall be determined by comprehensively taking into account the fact that one's mistake is recognized to prevent recidivism, the fact that there is no record of punishment exceeding the fine, the defendant's age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc.