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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On April 11, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.
【Criminal Facts】
On May 3, 2020, at around 23:34, the Defendant: (a) driven a motor vehicle from the Kjuju station located in Nam-gu, Chungcheongnam-si, Chungcheongnam-si, and from around 1km to the front road of the same Gu, while under the influence of alcohol concentration of about 0.086%, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the state of drinking driving;
1. A previous conviction: A written inquiry report and the application of Acts and subordinate statutes of the same kind of crime;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the selection of imprisonment and the blood alcohol concentration is not low, taking into account the fact that the defendant has the same kind of power);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an error is against one another, and the fact that an accident does not occur due to one in this case’s driving);
1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, considering that the defendant has no record of punishment other than the records in the judgment);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;