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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 2, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.
On July 14, 2020, the Defendant driven a C dump truck with alcohol level of about 0.171% while under the influence of alcohol level of about 2km at around 14.0m in the vicinity of the 520-pump road in the same Gun, Yong-gun, Chungcheongnam-gun, the same day from 14:00 on the same day, and driving a C dump truck with alcohol level of about 2km.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver of a vehicle driving, report of internal investigation (referring to the details of the crackdown on drinking), on-site photographs, and report of the case reported under 112;
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once he/she had a history of criminal punishment for drinking alcohol driving, once he/she once under the influence of alcohol driving. The risk of such punishment is very large.
However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.
The defendant's age, sex, environment, family relationship, criminal history, the circumstances and result of the crime of this case, etc. shall be determined as ordered by taking into account the following circumstances: (a) the defendant's disposal of the vehicle held by him/her; (b) he/she has no experience in the same kind of crime except before and after the judgment; (c) the passage of ten years from the above previous conviction; and (d) the defendant's health status is not good; and (d) other various conditions