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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
Criminal facts
On July 12, 2016, the defendant was notified of a summary order of KRW 5 million due to the violation of the Road Traffic Act in the Young-dong branch of the Young-gu District Court.
At around 05:40 on April 20, 2020, the Defendant was under the influence of alcohol of 0.188 percent during blood, and DMF5 car from the front of the restaurant located in the Chungcheong-gun B to the front of the restaurant located in Daejeon-gu, Daejeon-do.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, measurement photographs, and notification and investigation report to the department related to 112 reporting (the investigation into the same passenger E phone);
1. Previous convictions in judgment: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 144-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person. Thus, the defendant who committed the crime should be held legally liable for the severe legal liability corresponding to the act. The defendant has already been punished for drunk driving. The defendant's blood alcohol concentration was very high at the time of the crime in this case. The defendant's age, character and behavior, environment, motive and means of the crime, the motive and consequence of the crime, and all the circumstances shown in the records and arguments in this case, including the circumstances after the crime, shall be determined as ordered by the order.