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A defendant shall be punished by imprisonment for one year.
except that 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 January 18, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violation of the Road Traffic Act from the Gwangju District Court.
On November 22, 2019, at around 20:48, the Defendant driven an E-to-purd vehicle in the direction of approximately 400 meters alcohol concentration from the road near C cafeteria located in Namnam, to the front road of the D Traditional Market Bicycle Storage Zone.
As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, who was sentenced to a fine due to a drunk driving in 2008, once he was sentenced to a fine due to a drunk driving in 2008, caused an accident while driving, and thus, sentenced to imprisonment on the grounds that there are no circumstances that may particularly be considered as to the circumstances of a drunk driving. However, if the above penal power is excluded, there is no history of punishment, and the interval between the above penal power and the pertinent penal power is about 11 years, and the blood alcohol concentration (086%) is relatively high, the vehicle is disposed of, and the execution is suspended by comprehensively taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age (1944 birth), character and conduct, environment, and circumstances after the crime.