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Defendant shall be punished by imprisonment for a term of one year and four months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
【Criminal Power】 On June 15, 201, the Defendant was sentenced to a suspended sentence of 1.5 million won for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 2, 201, a fine of 5 million won for the same crime in the same court on July 2, 2012, a fine of 5 million won for the same crime in the same court on July 2, 2012, and a suspended sentence of 1 year for the same crime in the same court on July 8, 2015.
【Criminal Administration” around July 26, 2020, the Defendant driven a motor vehicle E in the state of alcohol with approximately 3km alcohol concentration of about 0.238% from the 3km section from the south-gu B market near the port of port to the front road of the D company located in the same Gu C at the same time.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on detection of suspected victims of violation of the Road Traffic Act, notification of the results of the control of drunk driving, and report on the state of alcohol drivers' regular statement;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. To the extent that probation, community service, and lecture attendance order are consistent with the higher blood alcohol concentration and fine records for the reasons of sentencing in Article 62-2 of the Criminal Act, this will take into account the sixth drinking driving, the last drinking driving at intervals of time from the driving under the influence of alcohol, the defendant's reflective performance and other penal power, etc.