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A defendant shall be punished by imprisonment for a term of one year and two months.
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 February 13, 2007, the Defendant issued a summary order of KRW 2 million at the Incheon District Court as a crime of violation of the Road Traffic Act (driving). On October 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the same court as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on October 28, 2008.
At around 23:50 on August 28, 2020, the Defendant driven a DNA car with a blood alcohol concentration of 0.148% under the influence of alcohol at approximately 700 meters from the street in front of the Incheon Bupyeong-gu B market to the front of the same Gu C.
As a result, the Defendant violated the regulations prohibiting 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. Criminal records, inquiry reports, and application of summary order-related 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. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the instant arguments.
Unfavorable circumstances: The Defendant re-driving a motor vehicle even though he/she had a history of punishment for drinking.
The blood alcohol concentration measured is high.
The favorable circumstances: there is no force other than the above crimes, and the same criminal records will be before 12 years.