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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 August 4, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court’s subsidies on August 4, 2009, and on January 18, 2013, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (refluence of noise measurement).
Nevertheless, at around 00:35 on May 16, 2020, the Defendant driven a B NAS car in the state of alcohol alcohol concentration of about 0.116% in the section of events distance from around 1k to the intersection.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Statement on the circumstantial statement of the employee;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports and the application of Acts and subordinate statutes (the confirmation of criminal records for driving a motor vehicle or a drunk);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
The defendant has been punished three times by a fine due to a violation of the Road Traffic Act or a violation of the Road Traffic Act, but again committed the crime of this case.
The favorable circumstances: At the time of crime and the mistake are divided.
There is no history of criminal punishment exceeding a fine due to the same crime.