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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 September 26, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million by the same court on April 4, 2019, respectively.
【Criminal Facts】
On January 6, 2020, at around 01:20, the Defendant driven C rocketing car under the influence of alcohol concentration of about 1 km from the front of the playter in the vicinity of the Jinwon-si's counter Hawon-si, to the front road of the same Gu B, while under the influence of alcohol concentration of about 0.049%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, and notification of completion of correction;
1. Previous convictions indicated in judgment: Criminal history records, investigation reports, and application of Acts and subordinate statutes of two copies of summary orders;
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. The Defendant had already committed the instant crime for the reason of sentencing under Article 62-2 of the Criminal Act, despite the fact that there had been two identical criminal records in 2016 and two times in 2019, and the distance of drinking driving is not shorter.
However, the execution of imprisonment with labor shall be suspended in consideration of the fact that all of his/her mistakes are recognized, and the fact that there is no criminal force other than twice previous records, etc., and community service shall also be ordered.