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A defendant shall be punished by imprisonment for not less than eight months.
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 August 13, 2007, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Changwon District Court on the summary order of KRW 1.5 million, and on January 13, 2014, the same court issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act in the same court on the same day and received two times the records of punishment for drinking driving.
【Criminal Facts】
On 23:35 on 2019, the Defendant driven a DNA car with blood alcohol concentration of 0.090% in a section of about 200 meters from the parking lot to C before the road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the circumstances of drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, the blood alcohol concentration (0.09%) of this case, the details and circumstances of the instant crime, and the circumstances after the crime.
Unfavorable circumstances: The defendant committed the crime of this case without being aware of the record of punishment two times for the same crime.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
A defendant has no record of being punished by a fine for the same crime.