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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
Criminal facts
On September 15, 2006, the Defendant was issued a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act, etc., in the case of the violation of the Road Traffic Act, at the net order support of the Gwangju metropolitan District Court.
On March 7, 2020, the Defendant driven D cargo vehicles under the influence of alcohol with approximately 0.102% of alcohol level 0.102% at a distance of about 17 km from the front of the yellow field office, which is located in the yellow field Yacheon-si Yacheon-si Yacheon-si Yacheon-si Yacheon-si Yacheon-si Yacheon-si.
Summary of Evidence
1. Legal statement of the defendant, notification of the result of the drinking driving control, notification on the handling of reported cases 112 times as a result of the drinking driving control, and on-site photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of power judgment) Acts and subordinate statutes;
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 that the driving of an order under the influence of alcohol again is negative even though the defendant had a history of criminal punishment due to drinking driving.
However, under the circumstances, such as the fact that the defendant shows an attitude to reflect in depth on his mistake, that he disposes of the vehicle that he possessed while making the defendant not to drive under the influence of alcohol, that the defendant disposes of the vehicle, and that the economic form is very poor due to the age of 71 years old, the defendant's age, character, character, environment, criminal history, background and result of the crime of this case, and the circumstances after the crime of this case, the punishment as per the disposition shall be determined by taking into account various factors of sentencing