Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On April 24, 2012, the Defendant was issued a summary order of KRW 3 million for the same crime from the Seogcheon Branch of the Daegu District Court to a fine of KRW 5 million and KRW 5 million for the same offense in the case of violation of the Road Traffic Act in the support of the Daegu District Court Kimcheon-cheon.
[2] On August 27, 2018, the Defendant driven Cenz motor vehicles at approximately 100 meters away from the east-dong, east-dong, Daegu-gu, in the direction of alcohol concentration of 0.071% among the blood transfusion around 22:00 to the east-dong, east-dong, which is located in the same Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement statement, investigation report (report on the circumstances of the driver in charge of driving), notification on the results of crackdown on the driving of drinking, and making a next inquiry;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the previous summary order) and application of two summary orders under Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as protection observation, order to attend a lecture, and order to attend a community service order: As seen in the facts of the crime in the judgment, the previous punishment was imposed twice or more, and the recent punishment was imposed once again even before one year and three months, and the punishment was imposed on the drinking, other than the crime of drinking, and the favorable sentencing factors that the Defendant was punished several times in addition to the crime of driving under the judgment: The Defendant’s mistake and reflects the Defendant’s mistake; the Defendant has no criminal record of suspension of execution or more: Comprehensively, all the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, and other various circumstances,