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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 July 23, 2018, the Defendant received a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court.
On July 16, 2020, around 02:23, the Defendant driven a motor vehicle of soflurged E in the state of alcohol with approximately 200 meters alcohol concentration of about 0.117% at the 200 meters from the front of the D convenience store located in the same Gu C from Gyeyang-gu Seoul Metropolitan City.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report, a survey report on the scene of the accident, a photograph 112 reported, the results of the drinking driving control, the inquiry into the results of the drinking driving control, and the report on the actual state of a drinking driver;
1. Previous records: Application of Acts and subordinate statutes attached to inquiries, such as criminal records, etc. and criminal suspect-related judgments;
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 Act on probation and order to attend a lecture lies in that the defendant is divided into his errors and does not repeat again.
Defendant has no criminal records of suspended sentence of imprisonment or heavier punishment.
In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, degree of drinking, circumstances before and after the crime, and social requests for strong punishment against drinking drivers, etc. shall be determined by taking comprehensive account of various circumstances shown in pleadings.