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A defendant shall be punished by imprisonment for two years.
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 October 5, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on April 16, 2012, the same court received a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act, respectively.
On May 18, 2020, the Defendant driven an EM6 car in the state of alcohol with approximately 100 meters alcohol concentration of about 0.115% from the section of approximately 100 meters from May 18, 202 to the front roads of D located in the same Gu, Chungcheongnam-gu, Seoul Special Metropolitan City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and on-site photographs;
1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: (a) Defendant’s mistake and reflects all of the reasons for sentencing; and (b) Defendant again commits the instant crime despite the fact that he was punished twice for the same kind of crime; (c) the blood alcohol concentration and driving distance of the instant case; and (d) Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the instant argument, including the circumstances after the instant crime, shall be determined as ordered