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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On July 16, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (refluence of noise measurement) at the Suwon District Court.
【Criminal Facts】
On June 26, 2019, at around 21:50, the Defendant driven an Epoter cargo vehicle under the influence of alcohol content of about 0.235% at the 1km section from the front of the Gangseoyang-gun B to the front of the D cafeteria located in the Gangseoyang-gun C.
As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes;
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. Determination of the sentence as ordered in consideration of the overall sentencing conditions, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s environment, and the circumstances leading to the instant crime.
The favorable circumstances: The defendant's mistake is recognized, and the defendant's criminal punishment is imposed due to the act of refusing to take a drinking test is about 10 years prior to the crime of this case.
Unfavorable circumstances: a crime of drunk driving is highly likely to cause danger to life, body, and property of a third party, and there is a need for strict punishment.
At the time of the instant case, the blood alcohol concentration of the Defendant is considerably high.