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 August 22, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daegu District Court.
On October 30, 2019, at around 22:40 on October 30, 2019, the Defendant driven a horse in the Fribu while under the influence of alcohol 0.269% of alcohol level from around 460 meters to the front day of “Emour” in the same city D.
Summary of Evidence
1. Defendant's legal statement;
1. Each report on investigation;
1. A report on the circumstantial statement of a drinking driver, a report on blood alcohol appraisal and a report on actual condition;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 execution of imprisonment with labor shall be suspended in consideration of the fact that only one fine is imposed on the accused for the reason of sentencing under Article 62-2 (1) of the Criminal Act, the economic situation of the accused, etc., and an incidental disposition shall be imposed to prevent the second offense;