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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
【Criminal Power】 On January 27, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a charge of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on October 18, 2010 with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violating the Road Traffic Act, respectively.
【Criminal Facts】 On March 5, 2019, at around 17:55, the Defendant driven a B large forest with a blood alcohol content of about 0.152% under the influence of alcohol, from the section of approximately 1 k meters from the 3-10 course to the road below the 3-152% course from the 1km course in the Eup-do, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnamsan-si.
As a result, the Defendant, who was driven under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A large number of criminal records are included in the punishment, and the same criminal records become four times among them, and circumstances favorable to the high blood alcohol concentration: The defendant's age, character and behavior, environment, criminal records, criminal records, circumstances of crimes, and circumstances after crimes, etc. are considered to reflect his/her mistakes, and the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of the case, such as the defendant's age