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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 September 21, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and KRW 2 million by the same court on January 2, 2009, respectively.
【Criminal Facts】
On April 4, 2020, at around 01:01, the Defendant driven an Epoter cargo vehicle with approximately 200 meters alcohol level 0.233% under the influence of alcohol level from the section of about 200 meters, from the front of Yeongdeungpo-si B apartment to the front of D located in the same city C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, investigation report (report on the status of the driver under the influence of alcohol), notification of the results
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the previous convictions), and application of Acts and subordinate statutes of two copies of summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing under Article 62-2 of the Social Service Order - The driver re-driving a motor vehicle, despite the two times of drinking driving force and the previous driver’s license driving force, and the blood alcohol concentration is 0.23%.
It is true that the crime will be committed and not reoffending will be committed.
The above punishment history is both fines and ten years have passed since the time of the final punishment.
There is no record of punishment except for each of the above electricity.
The accident did not occur frequently.