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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 September 20, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on September 20, 2007, and a fine of four million won for the same crime in the same court on November 20, 2007. On January 15, 2009, the Defendant was sentenced to a suspended sentence for six months for the same crime by the same court.
On December 12, 2019, the Defendant, while under the influence of alcohol of 0.113% of blood alcohol concentration on December 12, 2019, driven an E-Poter truck from around 440 meters to the front day of the Defendant’s residence located in D in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation Report (in respect of the suspect's application of the FIE model),
1. Inquiry reports on criminal records, etc., summary orders, and application of statutes of the judgment;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The records of the several times of punishment due to the reasons for sentencing under Article 62-2 of the Criminal Act shall be considered in consideration of the unfavorable circumstances, such as the time limit and reflectness, the fact that the drinking driving is not possible again, and the fact that there was no punishment after around 2009 due to the same kind of crime, etc. shall be considered in favor of the favorable circumstances.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.