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
On April 1, 2016, the Defendant received a summary order of KRW 2.5 million for a fine for violation of the Road Traffic Act, etc. in the Seosan Branch of the Daejeon District Court.
On September 23, 2019, at around 00:40, the Defendant driven a F rocketing car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.218% from the 300-meter section to the Eve shop located in Seosan-si D, where the trade name near C Eup office located in Seosan-si B is unknown.
Accordingly, the defendant violated the prohibition of drinking driving twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);
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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under