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A defendant shall be punished by imprisonment for not less than one year and six months.
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 February 9, 2001, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a violation of the Road Traffic Act at the Suwon District Court’s House for a violation of the Road Traffic Act, on December 20, 201, a summary order of KRW 2,50,000 for a fine for the same crime from the Chungcheongnam District Court’s Chungcheong Branch for the same crime, and on September 16, 201, a summary order of KRW 1,00,000 for a fine for a violation of the Road Traffic Act was issued, respectively.
【Criminal Facts】
On November 8, 2019, at around 21:06, the Defendant driven a D-wing truck under the influence of alcohol concentration of 0.238% in one meter inside the outdoor parking lot for C-SP located in Ansan-si B.
Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.
Summary of Evidence
1. Statement of the police statement of the defendant E in court;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case