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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
[Criminal Power] On July 29, 2009, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's branch office on July 29, 2009
【Criminal Facts】
On January 7, 2020, at around 00:37, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven an Eystren vehicle while under the influence of alcohol at approximately 0.110% of blood alcohol concentration from the front day of the Gyeongnam Development-gun B to the D ginseng distance from around 200 meters.
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 convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture: The defendant, even though he/she had the record of being punished four times due to drunk driving, was engaged in drinking alcohol again, and the blood alcohol concentration
The factors of sentencing favorable: The defendant's mistake and reflects his mistake, there is a somewhat time gap between the defendant's previous conviction and the day of the instant crime, and the defendant is in the position to support his mother.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.