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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 March 16, 2018, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on March 16, 2018.
On July 3, 2020, at around 00:27, the Defendant driven a mamari vehicle while under the influence of alcohol 0.051% in a section of approximately 500 meters of alcohol alcohol level from the Do in front of the Suwon-si B Officetel to the front road in C.
Summary of Evidence
1. Application of Acts and subordinate statutes to the summary order, such as the defendant's legal statement report on the situation of the driver who takes the main oral statement, investigation report, notification on the results of the drinking driving control, voluntary submission and confirmation), seizure protocol (any submission, list of seizure, inquiry report on the appraiser, and summary order;
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 under Article 62-2 of the Criminal Act of the order to attend a lecture has not long been enough to have been punished for the crime of drunk driving in 2018, and therefore, the criminal defendant committed the crime of drunk driving.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
The drinking volume of the defendant is low and the driving distance is short.
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.