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A defendant shall be punished by imprisonment with prison labor for up to six months.
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 January 29, 2014, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court's Support for the Racing, etc. on February 22, 2013, as a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court's Branch on February 22, 2013, as a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the official residential support of the Daejeon District Court's Daejeon District Court on March 2, 2009, and on February 22, 2005, as a penalty of KRW 70,000 for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 20, 2019, at around 21:19, the Defendant driven a D SM6 car in the state of alcohol 0.069% of blood alcohol concentration from the front of the “Cju” store located in Chungcheongnam-si, Chungcheongnam-si, to the front road of about 1km-si, 5, and 0.069% of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Criminal records: Criminal records, reply reports (A), investigation reports (formers and seals), and application of Acts and subordinate statutes of Part IV of summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, the reason for sentencing under Article 62-2 of the Criminal Act, the period of recidivism, the fact that the punishment was imposed on several occasions due to driving without a license for drinking, the degree of blood alcohol (0.083%, 0.084%, etc.), the degree of blood alcohol in this case during driving without drinking, the degree of blood alcohol, criminal records, circumstances after the crime, Defendant’s age and occupation, and other sentencing conditions, shall be determined and the probation, etc. shall be added to prevent recidivism