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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 3, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on May 26, 2008, a summary order of KRW 1.5 million as a fine for the same crime in the same court on May 26, 2008, and a summary order of KRW 2 million as a fine in the same court on October 26, 201.
【Criminal Facts】
On July 25, 2019, the Defendant was under the influence of alcohol at around 0.057% in blood alcohol concentration on July 25, 2019, even though there was the history of punishment for drunk driving, the Defendant driven a DNA freight vehicle at approximately 700 meters from the vicinity of the Busan East-gu B market to the Busan East-gu C Apartment road.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 Social Service Order Criminal Act are against the defendant, the blood alcohol concentration is not high, the fact that there is no record of punishment heavier than suspended execution, the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as a whole, the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the argument of this case