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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 4, 2007, the Defendant received a summary order of KRW 1,500,000 from the Jung-gu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on August 16, 2013, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Jung-gu District Court on August 16, 201.
On October 29, 2019, around 22:25, the Defendant driven a D low-speed car with approximately 400 meters section from the front road to the C apartment parking lot in Namyang-si, Namyang-si.
As above, the Defendant violated the provision that he shall not drive a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Investigation reports (verification of criminal records of the same kind), and application of Acts and subordinate statutes of the same criminal history records;
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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,