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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 became final and conclusive.
Reasons
Punishment of the crime
On July 14, 2005, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court. On September 17, 2008, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the same court. On December 27, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the sex branch of the Daegu District Court.
Although the Defendant had been in violation of the provision on prohibition of driving under the influence of alcohol once or more, the Defendant driven a C Poter truck under the influence of alcohol with a blood alcohol concentration of 0.105% from the 41km section up to the road before the front of the Defendant’s residence in the Gyeong-gun, Gyeong-gun, Gyeongbuk-si, Gyeong-si, Gyeongbuk-si, Gyeongbuk-do, around 17:15 on the same day, at around 16:30 on July 28, 2019.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);
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. It shall particularly take into account the reflections of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act, the degree of his/her taking into consideration, the distance of his/her drunk driving, and the same kind of power (three times