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A defendant shall be punished by imprisonment for one year.
except that 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 12, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a fine from the Seoul Northern District Court on June 8, 2015.
On July 22, 2020, at around 04:14, the Defendant violated the prohibition of drinking alcohol driving twice or more by driving a DNA strawing car under the influence of about 6m alcohol concentration of about 0.084% from around 04:0 to the roads near C in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement of the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the following matters: and
1. Previous for judgment: Application of each of the Acts and subordinate statutes in which criminal records, reply reports and copies of summary order are recorded;
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 to mitigate small amount;
1. The reason for sentencing of Article 62(1) of the Criminal Act, even though there are two or more records of criminal punishment for drunk driving, and there are different criminal records.
However, the level of drinking alcohol of the instant crime is relatively high, and the distance of drinking driving is also short.
The defendant has been punished for drinking driving, and more than five years have passed since he was punished for drinking, and the defendant has shown that he does not commit a crime such as receiving alcohol treatment.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.
It is so decided as per Disposition for the above reasons.