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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
Criminal facts
On April 25, 2011, the Defendant issued a summary order of a fine of KRW 1.5 million to a violation of the Road Traffic Act at the Jeonju District Court on April 25, 201, and the same drinking driving force is three times in total.
On February 28, 2020, the Defendant driven a D E-cub car while under the influence of alcohol leveling 0.073% at the front of C, which is located in 06:24, Netcheon City B.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, investigation report (the blood alcohol concentration) case site photographs;
1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), application of Acts and subordinate statutes of the summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, while driving under the influence of alcohol once again even though he had a history of being subject to several criminal punishment due to drunk driving, he was divingd on the Han-lane side of the two-lane road, and the risk of such act is very high.
However, under the circumstances, the defendant seems to have an attitude that the defendant would not drive under the influence of alcohol again while reflecting his/her own mistake, and the defendant's attitude also complaining of the defendant's attitude not to drive under the influence of alcohol, etc., the defendant's age, character, character, environment, criminal records, circumstances and results of the crime of this case, and the circumstances after the crime, etc. shall be determined by taking into account the various sentencing factors in the records, such as the defendant's age, character and behavior,