Text
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
[Criminal Power] On May 29, 2019, the Defendant was issued a summary order of a fine of three million won by the Incheon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On October 6, 2019, at around 15:38, the Defendant driven a DNA 2 cargo vehicle with approximately 150 meters, while under the influence of alcohol concentration of 0.228% on the road front of the convenience store in Michuhol-gu Incheon, Michuhol-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The suspect license register;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the list of relevant cases and reporting accompanied by summary order);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007) (see, e.g., Supreme Court Decision 2007Da11
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;