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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
Criminal facts
【Criminal Power】 On December 18, 2006, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.
【Criminal Administration” around March 28, 2020, the Defendant driven a Fone Star Vehicle in the state of alcohol alcohol content of about 2 km from the Southern-gu B apartment Cdong parking lot to the Egyp road in the same Gu D from the south-gu B apartment Cdong parking lot to the Egyp road in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a suspect in violation of the Road Traffic Act (driving), a photograph, a photo, a screen picture taken at the time of operation, a notification of the results of the control of drunk driving, a report on the driving of alcohol, a report on the state-owned driver's standing statement, a copy of a black video CD of the vehicles under command, and four caps of caps;
1. Reports on internal investigation and reports on investigation;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of records of sound driving);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Article 62-2 of the Criminal Act on Probation and Order to Attend Training provides high level of alcohol content and is sentenced to a fine for the crime of violating the Road Traffic Act in 2004, which is the third drinking driver. However, the second drinking driver is at large intervals between drinking and the crime of this case, and thereafter there is no penalty power until the time of this case, and the defendant reflects the mistake.