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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
On November 24, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act, and a fine of KRW 5 million with the same court on December 29, 2014, respectively.
Nevertheless, on February 15, 2020, at around 03:05, the Defendant driven an Eban vehicle under the influence of alcohol concentration of approximately 0.104% from the section of about 50 meters from the front road in Daegu Northern-gu B to the front road of the entrance of the village in the same Gu.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous for judgment: Application of each statute of the relevant summary order attached to a criminal history record inquiry and a criminal investigation report;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence is determined as ordered by comprehensively taking account of the following circumstances and the defendant’s age, character and conduct, environment, motive and means of crime, circumstances after crime, and various conditions of sentencing as shown in the argument of this case, and orders to attend the compliance driving lecture to prevent recidivism.
Unfavorable circumstances: Along with the history of punishment for drunk driving, the crime of this case was repeated.
The favorable circumstances: The mistake is recognized.
There shall be no history of punishment of imprisonment without prison labor or heavier.