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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 May 31, 2018, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act, and KRW 2 million with the same court on July 21, 2015, respectively, at the Daegu District Court Kimcheon Branch on May 31, 2018.
On September 24, 2020, at around 03:51, the Defendant driven a DNA siren car while under the influence of alcohol content of about 0.044% from around 100 meters to the underground parking lot of the same Gu C, Nam-gu, Incheon.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Contact of the result of appraisal;
1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, attach the same kind of power, and summary orders;
1. Relevant Article of the Act on Criminal Facts, Addenda to the Road Traffic Act (Act No. 17371 of Jun. 9, 2020), Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. One year and two years and six months of imprisonment within the scope of punishment by law; and
2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after