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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
[criminal power] On June 27, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the Daejeon District Court for the same crime on March 31, 2014.
【Criminal Facts】
On July 15, 2019, at around 01:00, the Defendant driven a Bco-gu sports vehicle with a blood alcohol content of about 0.102% while under the influence of alcohol at approximately 20km from the area from the Dong-dong, Daejeon to the Macheon-gun, Chungcheongnamcheon-gun, the Defendant driven a Bco-gu sports vehicle with a blood alcohol content of about 0.102%.
As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records similar to the same kind of crime);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.
【Pried circumstances】 The Defendant recognized the instant crime.
In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.