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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 became final and conclusive.
Reasons
Punishment of the crime
On May 19, 2010, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court, and the summary order of KRW 1.5 million for the same crime in the same court on March 11, 2019, respectively.
Nevertheless, at around 03:50 on December 26, 2019, the Defendant driven a Dcoke-C car under the influence of alcohol concentration of about 0.087% at the 1km section from the front of the wooden Integrated Bus Terminal, which is located in Sinpo City 525, Sinpo City 525, to the front of the C elementary school located in Sinpo City Bapo City B.
As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, notification of the results of the crackdown on drinking under the influence of alcohol, report on the state of a drinking driver, the ledger using a drinking measuring instrument, inquiry into the results of the crackdown on drinking under the influence of alcohol, and evidence video CD;
1. Application of criminal history records, reply reports (A), investigation reports, and statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence shall be determined as above in light of all the circumstances, such as the reason for sentencing under Article 62(1) of the Criminal Act and the fact that there is no punishment heavier than the fine so far, the background of the crackdown on drunk driving, the degree of blood alcohol level, and the age, character, family environment of the accused, etc., and the execution of the sentence shall be suspended only once;