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
[Criminal Power] On December 14, 2015, the Defendant was issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.
【Criminal Facts】
On August 13, 2019, at around 02:00, the Defendant driven BM car under the influence of alcohol content 0.139% while under the influence of alcohol content 0.139%.
Accordingly, the defendant has driven a motor vehicle under the influence of drinking in violation of Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The inquiry into the results of the control of drinking driving, the report on the state of drinking practice, the ledger of licenses, the next inquiry into disqualifications/ Mandatory Insurance Association;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the punishment of a crime is not absolute, in light of the details of the crime, the degree of the punishment, and the records of the same kind; however, considering extenuating circumstances, such as the fact that the defendant commits a crime, even though the punishment of a crime is not absolute, his/her depth
1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;