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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 16, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for the crime of violating the Road Traffic Act at the Jung-gu District Court on September 16, 2008, and on May 28, 2015, a summary order of KRW 5 million with a fine of KRW 5 million was issued for the same crime.
【Criminal Facts】
On May 4, 2019, at around 04:00, the Defendant driven a franchise in the state of alcohol alcohol concentration of about 0.161% from the section of approximately 1 km to the front road in the same city, from the neighboring site of the Kugdong-si, Hanju-si to the roads in the same city B.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, field photographs, 112 report handling table, and investigation report;
1. Application of statutes concerning criminal records;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) applicable to the crime
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime was committed in light of the details of the control and drinking water, etc., but there are no criminal records of the suspended execution or more, and the defendant has a depth of his mistake, and other circumstances, such as the motive and circumstance of the crime in this case, the circumstances after the crime, the age
1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;