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A defendant shall be punished by imprisonment for not more than ten 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 February 27, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine of KRW 1 million, and on May 14, 2010, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act.
【Criminal Facts】
On June 24, 2019, around 05:12, the Defendant driven a CCCORD car under the influence of alcohol concentration of about 0.107% from the 1km section to the roads adjacent to the 1km road located in the Suwon-si, Suwon-si, Suwon-si, Suwon-si.
As a result, even though the Defendant violated the Road Traffic Act's prohibition on drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the above prohibition on drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of various sentencing conditions shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc., and the fact that there is no previous conviction exceeding the fine, and that there is no previous conviction: The record of criminal punishment for drinking driving two times; and that the blood alcohol concentration level at the time of the instant case was considerable; and that the Defendant’s age