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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 30, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on September 30, 2013. On December 8, 2014, the Defendant was issued a summary order of KRW 3.5 million for the same crime.
【Criminal Facts】
On April 24, 2020, the Defendant, while under the influence of alcohol of 0.096% of blood alcohol concentration, was driving a Fchip car in the section of about 10km from the roads adjacent to the Cridge located in Ansan-si, Ansan-si, Seoul-si, to the roads prior to the bus stops in the E-si, Sinsi-si.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and the place of drinking-free driving;
1. Division: Application of each of the Acts and subordinate statutes of one copy of a statement of criminal history, inquiry report, investigation report (verification of suspect driving record), and 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous conviction and the time interval from the defendant, the circumstances of drinking alcohol and driving and detection at the time of the instant case, the distance of drinking driving, the fact that the defendant is against the defendant, and the age, character and conduct, family relationship, occupation, and circumstances after the instant case, and all of the conditions of sentencing as shown in the arguments in the instant case shall be