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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
[criminal power] On December 23, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the credit branch of Suwon District Court on December 23, 2010, and a summary order of KRW 3 million for the same crime at the same court on December 8, 2017, respectively.
【Criminal Facts】
On March 22, 2020, the Defendant driven a DNA car with a blood alcohol content of about 100 meters from Echeon-si to C in front of the same city on March 22, 2020, while under the influence of alcohol of about 0.181%.
As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drunk driving, report on the situation of drunk driving, report on the situation of drunk driving, and investigation report (report on the status of drunk driving);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect);
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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was that the Defendant re-driving the drinking alcohol again despite two times of drinking driving, and the blood alcohol concentration at the time was considerably high.
However, the defendant's drinking driving distance is short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.