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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 28, 2006, the Defendant received a summary order of KRW 3 million from the Busan District Court as a crime of violation of the Road Traffic Act. On December 31, 2014, the Defendant received a summary order of KRW 3 million from the same court as a crime of violation of the Road Traffic Act.
On October 28, 2018, the Defendant driven a D-to-purd vehicle with D-to-purd vehicle with approximately 500 meters alcohol concentration of 0.138% under the influence of alcohol from the section of about 500 meters to the old ginseng distance in front of the “C-to-huran bus terminal (Nopo-dong)” located in the city of Geum-gu, Busan to 2238 (Nopo-dong).
Accordingly, the defendant, who had a driving force on drinking more than twice, was driving a car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Criminal records, references to criminal records, tail records, previous records of disposition, and application of each statute of judgment;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The probation order shall be issued on the grounds of sentencing under Article 62-2 of the Criminal Act, because the defendant is judged to have high risk of re-offending, taking into account the fact that he/she was subject to punishment twice due to drinking driving again, and the execution of the sentence is suspended, taking into account the fact that he/she was sentenced to a fine
Considering the blood alcohol concentration level, it shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.