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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On October 5, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Ulsan District Court, and on January 25, 201, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Ulsan District Court on January 25, 201. On November 22, 2013, the Ulsan District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving). On June 13, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Ulsan District Court.
【Criminal Facts】
On April 1, 2019, at around 00:55, the Defendant driven a D-learning car with approximately 80km alcohol concentration of 0.112% from the 80km section to the 49km straight line point at the Gyeongcheon-gun, Gyeongcheon-gun, Gyeong-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeong-gun, Gyeong-do.
As a result, the defendant, who has been engaged in the violation of the Road Traffic Act at least twice, was driving the said vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Arrest reports of suspects who have violated the Road Traffic Act, and inquiry into the results of the control of drinking and driving;
1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;
1. Scope of applicable sentences under law: One year to three years; or
2. Application of the sentencing criteria: The sentencing criteria are not set. 3. The sentencing criteria are not set. The defendant who has been punished several times for the same kind of crime and among them, the suspension of execution of imprisonment is included.