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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 January 21, 201, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's branch on January 21, 201, and on October 4, 2016, the Busan District Court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.
Nevertheless, at around 22:25 on January 9, 2020, the Defendant driven a 300-meter F K7 car from the frontway in Jinhae-si B to the frontway in the same Gu D, while under the influence of alcohol content of 0.085%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, notification of the results of the control of drinking driving, and investigation report (report on the status of a drinking driver);
1. Previous for judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);
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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures had already been twice the same criminal records, and the defendant again committed the instant crime despite the existence of the same criminal records. At the time of the instant crime, the blood alcohol concentration level was high.
However, the execution of imprisonment shall be suspended in consideration of the fact that all of his/her mistakes are recognized, and there is no criminal record exceeding fines, and community service shall be ordered together.