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A defendant shall be punished by imprisonment for not less than one year and six 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 February 21, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act in the Gangnam Branch of the Chuncheon District Court on February 21, 2013. However, around 13:00 on March 24, 2020, the Defendant again driven an Emsom car under the influence of alcohol level of approximately 0.250% in the 834m section of the same Blue House from the D convenience store in the same city at the same time.
Summary of Evidence
1. Examination of the accused's suspect's interrogation statement by prosecution;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Earthquake-proof report (112 report processing table) CCTV-cap photographs for the purpose of crime prevention;
1. Previous records before ruling: Application of criminal records, investigation reports (written judgments and copies of summary orders) and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Optional to Imprisonment) and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of punishment for a crime;
1. Article 62 (1) of the Criminal Act;
1. To decide the term of imprisonment within the scope that the statutory punishment is mitigated, taking into account the following circumstances: (a) probation and order to attend a probation and order to attend a compliance driving lecture for a certain period of time in order to prevent a defendant from re-offending; (b) probation and order to receive probation for a certain period of time and to prevent the defendant from being subject to probation and attending a compliance driving lecture, taking into account the following: (c) the confession and reflect of the criminal act by the defendant; and (d) the criminal act of the same kind has no criminal record or heavier