Text
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 November 3, 2006, the Defendant received a summary order of KRW 700,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act.
On December 12, 2019, at around 22:25, the Defendant driven a C low-speed car under the influence of alcohol content of about 300 meters from the front of Hop House, where the trade name located in Samsung East-dong Samsung is unknown to the front of the same Gu B apartment to the front road of the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Arrest report of the occurrence of the case, notification of the results of the crackdown on drinking driving and control, inquiry into the facts, report on the circumstantial statements of the drinking driver and report on the circumstances of the drinking driver;
1. Details concerning the management and inquiry of the register of vehicle driving licenses, the register of vehicle driving licenses, and reports on detection of driving;
1. Suppression photographs;
1. Previous convictions in judgment: Criminal records, investigation reports (verification of suspect's drinking-driving records twice and attachment of the relevant summary order) and application of Acts and subordinate statutes concerning 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes, in light of the danger and seriousness of harmful effects of drinking driving and the circumstances in which the same criminal records are two times, etc., the liability for the crime is large, the error is remarkably divided, the blood alcohol concentration at the time is not high, the accident was not occurred; the interval between the previous conviction
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;