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 October 8, 2009, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act by the Daejeon District Court.
On March 19, 2020, the Defendant driven a Flater vehicle at approximately 20 meters section from the underground parking lot of the building of the Daejeon Seo-gu, Daejeon to the E Union located in D, while under the influence of alcohol of 0.115% of alcohol concentration at around 22:39.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (related to the records of sound driving);
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on probation;
1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;