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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 June 26, 2018, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the Daejeon District Court on June 26, 2018, and on November 29, 2018, the same court was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act.
On August 14, 2020, at around 01:58, the Defendant driven a motor vehicle with low alcohol level of about 0.153% while under the influence of alcohol level of about 2 km from the Seo-gu District of Seo-gu, Daejeon to the roads in front of Daejeon Seo-gu.
As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of criminal records, etc. 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. 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, or property of an unqualified person, and thus, the criminal defendant who committed the crime should be held legally liable for the severe legal liability corresponding to the act. The criminal defendant already committed the crime of this case even though he had the record of punishment due to drinking driving and refusal to measure drinking, and the criminal defendant's blood alcohol concentration was very high at the time of the crime of this case (the criminal defendant was driven under the condition that he was unable to memory the fact that he was driving).
However, the defendant's mistake is recognized, the fact that there is no past record of criminal punishment other than the previous conviction of each fine on the defendant, etc. shall be considered as favorable to the defendant, and the age, character and behavior of the defendant.