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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 January 10, 2008, the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Road Traffic Act at the Gwangju District Court on January 10, 2008, and on May 22, 2009, the same court was sentenced to a fine of 3 million won for the crimes of violation of the Road Traffic Act and has the record of violating Article 44 (1) of the Road Traffic Act.
On January 13, 2020, at around 16:41, the Defendant driven a Fpoter II truck with a blood alcohol concentration of about 0.086% from the C Hospital funeral hall parking lot located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the D apartment E-dong, Dobong-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. Records before and after judgments: Criminal records, inquiry reports, investigation reports, and application of each statute of the judgment;
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 against the defendant and the prevention of recidivism, and the time interval between the past record of the violation of drinking alcohol and the driving of the case shall be taken into account, and the defendant's age and family relation, character and conduct, health conditions, living conditions, etc. shall be determined as ordered by taking into account various factors of sentencing specified in the trial process of this case, such as the defendant'