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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 29, 2006, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on June 21, 2010, a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.
Although the Defendant had been punished as a crime of violating the Road Traffic Act, at around 01:10 on July 18, 2019, the Defendant driven B 2 truck from the section of about 300 meters from the 300-meter distance to the 300-meter 300-meter road of the same Sammun-dong 97 Tridong, under the influence of alcohol concentration of 0.042% under the influence of alcohol in blood on July 18, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of 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 Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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;
1. Probation and community service order under Article 62-2 of the Criminal Act, taking full account of the following circumstances, including the Defendant’s age, character and conduct, career, environment, motive for committing a crime, and circumstances after committing a crime, the sentence as ordered shall be determined.
A favorable circumstances: The fact that it seriously reflects the fact that the blood alcohol concentration of this case is not high: The fact that the blood alcohol concentration of this case was not high: The fact that the person was repeated even though there were many criminal records of drinking