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A defendant shall be punished by imprisonment for one year.
except that 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 June 15, 2018, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 3, 2019, around 02:23, the Defendant driven an EMW 535 GTxD vehicle while under the influence of alcohol 0.198% in the section of approximately 5.5km from the front of Sinpo City B to Sinpo City D-dong underground parking lot.
Accordingly, the defendant was driving a motor vehicle under the influence of alcohol again with a person who has violated the prohibition of drinking under the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, on-site photographs, a report on the situation of a driver with a drinking driver, a criminal investigation report, a notification on the results of the control of drinking driving, a notice of the results of the control of drinking driving, CCTV-fags photographs and investigation reports (victim F
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;
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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: In light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by statutory penalty, strict punishment is needed for the act of drunk driving, circumstances that are favorable to the higher level of blood alcohol concentration: The fact that there is no other criminal records except the records of drunk driving, and all the sentencing conditions shown in the records and arguments such as the defendant's age, character and behavior, environment, family relationship and circumstances before and after the crime are considered;