Text
A defendant shall be punished by imprisonment for a term of one year and two 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 May 30, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on May 30, 2008, the summary order of KRW 3 million for the same crime at the same court on October 28 of the same year, and the summary order of KRW 8 million for the same crime at the same court on September 7, 2010, three times the record of violation of Article 44(1) of the Road Traffic Act.
【Criminal Facts】
On August 10, 2019, at around 22:55, the Defendant driven a B rocketing motor vehicle with approximately 100 meters of alcohol level 0.22%, while under the influence of alcohol level 0.22%, and driven approximately 100 meters of alcohol level to the front road of Daegu-gu E-gu, Daegu.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of criminal records, inquiry reports (a summary order, etc. of the same kind of crime as a suspect) and other 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The degree of blood alcohol level is high, circumstances favorable to the fact that there are several times of punishment for the same kind of crime: confessions and reflects, the last nine years of punishment power, and the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances shown in the arguments of this case, shall be determined as ordered, taking into consideration;