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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 July 22, 2013, the Defendant, at the Daejeon District Court, issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, but on December 12, 2019, the Defendant driven a D Spart car under the influence of alcohol content of approximately 1km from the front of a restaurant in the trade name and aesthetic region of Daejeon Seo-gu, Daejeon to the front road in Daejeon Seo-gu, Daejeon, with a distance of about 22:30 on December 12, 2019.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. The circumstantial statement of the employee;
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. The application of Acts and subordinate statutes to investigation reports, criminal records, and inquiry reports;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 on probation;
1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the attitude that the defendant is able to repent his mistake in the whole crime.
This situation is that there is no particular criminal punishment except that the defendant was punished by a fine on two occasions in the past, and the defendant's age, character and conduct, environment, background and motive of the crime, means and consequence of the crime, and all of the sentencing conditions in the records and arguments of this case, such as the circumstances before and after the crime, shall be determined as ordered.
It is so decided as per Disposition for the above reasons.