beta
Text
A defendant shall be punished by imprisonment for one year.
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
1. On April 7, 2019, the Defendant, around April 7, 2019, driven a DNA cargo vehicle under the influence of alcohol of at least 0.05% in the section of about 20km from the road front of the C funeral hall located in the Gamsung-gun B to the 12.8km direction of the Yancheon-sinam Expressway Highway.
2. On April 25, 2019, the Defendant violated the Road Traffic Act (driving) at the Gwangju District Court on June 25, 2007, issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving). On April 7, 2019, the Defendant controlled the violation of the Road Traffic Act (driving) as stated in paragraph (1) above.
At around 01:00 on April 25, 2019, the Defendant driven the Poter truck under the influence of alcohol with a blood alcohol concentration of at least 0.05% from the 2.5km section from the road located in the Gesung-gun, Gesung-gun, Gesung-gun, Gesung-gun, to the front road of the salary adjustment community hall located in the same side.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written notification of the results of crackdown on drinking driving and an inquiry of the results of crackdown on drinking driving;
1. Previous convictions: Application of inquiries, such as criminal records, and copies of a summary order;
1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; hereinafter “former Road Traffic Act”), Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Apr. 25, 2019); Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (amended by Act No. 1603, Apr. 7, 2019); and selection of each imprisonment sentence.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures each of the instant cases.