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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
[Criminal Power] On May 23, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on June 1, 2011, the Defendant was issued a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.
【Criminal Facts】
On July 14, 2019, at around 00:0, the Defendant driven a E-E-purd motor vehicle with approximately KRW 700 meters alcohol concentration at the section of approximately 0.175% under the influence of alcohol concentration from the road adjacent to C High School located in Gumi-si B to the front road of the same D-U.S. store.
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. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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, an order to attend the course of sentencing under Article 62-2 of the Criminal Act, the defendant's same criminal records, alcohol concentration in the blood of this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the following factors: