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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
On January 12, 2018, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the support of the Daejeon District Court, but on October 16, 2019, the Defendant driven an E 5 vehicle under the influence of alcohol with approximately 300 meters alcohol level of KRW 0.074% from the road near the C store located in the Asan City, Asan City, to the front road in the Asan City, around 21:45 on October 16, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;
1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (Attachment to the same criminal records);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., conditions of sentencing favorable to reasons for discretionary mitigation of punishment);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Community Service and Order of Attending Education is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents, and even if so, to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case at any time, even though he had the record of punishment of fines due to drinking driving, as stated in the facts of the crime in the judgment, even though he had the record of punishment as stated in the judgment. Meanwhile, the defendant led to the confession and reflect of the crime of this case, the defendant has no record of criminal punishment except for the above fine, and other circumstances shown in the records and arguments