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
[criminal power] On May 7, 2014, the Defendant received a summary order of KRW 1 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court to a fine for the same crime on May 18, 2015, respectively.
【Criminal Facts】
On October 20, 2019, the Defendant operated a FMW 120d car under the influence of alcohol concentration of about 0.21% and violated Article 44(1) of the Road Traffic Act not less than twice in a section of about 2 km from the front of C in Daegu-gun, to the front of the E-cafeteria located in D, the Defendant violated Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Photographs of the accident site;
1. The actual condition survey report;
1. Inquiry into the enemy;
1. The ledger of permission to drive motor vehicles;
1. A report on the actual state of the driver;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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 on the Suspension of Execution (see, e.g., Article 62 (1) that the defendant recognized the crime of this case; Article 62 (1) of the Criminal Act on the grounds that the defendant has no criminal record of having been sentenced to a suspended sentence or heavier punishment; Article 62 (1) of the Criminal Act on the grounds that the defendant's employer, etc.
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;