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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On August 23, 2011, the Defendant received a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on August 23, 201, and a fine of one million and five hundred thousand won for a violation of the Road Traffic Act at the Suwon District Court on August 31, 2015.
【Criminal Facts】
On August 6, 2020, at around 0:10, the Defendant driven a car with D’s blood alcohol level of 0.11%, starting from the front of a mutual influsium in the king-Dong-dong-si to the front road of “C” located in the Guangsi-si, Guang-si.
Accordingly, the Defendant violated the prohibition of driving in drinking condition not less than twice as above.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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. Social service order under Article 62-2 of the Criminal Act;