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A defendant shall be punished by imprisonment for a term of one year and six years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 17, 2013, the Defendant is a person who has five times the same criminal records, such as imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Sung-nam branch of Suwon District Court on January 17, 2013.
The Defendant, on October 25, 2019, driven a DEX car from the front side of Gwangju City to the C core road under the influence of alcohol by 0.123% of the blood alcohol concentration on October 25, 2019.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A survey report on actual condition, on-site photographs, notification of the results of the drinking driving control, response to requests for appraisal, and written appraisal (the blood alcohol concentration);
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he had the record of being punished for drinking alcohol driving.
Considering the fact that the record of punishment for drinking driving is not less than five times, the degree of drinking is not less than that of the light, the attitude of recognizing and reflecting the crime appears, and the fact that the record of drinking driving is relatively old, each of the favorable circumstances is considered.
In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.