A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 8, 2009, the defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act in the Seogu District Court's branch court on April 8, 2009 and was punished for a violation of the Road Traffic Act.

On November 26, 2019, at around 21:37, the Defendant driven a E-Poter truck with approximately 150 meters alcohol level 0.129% under the influence of alcohol level from the front road in Daegu-gun B to the front road in front of the dwelling of the Defendant located in the same Gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report on driving of a person suspected of being under the Road Traffic Act and investigation report (report on the circumstances of the driver under the influence of the driver under the influence of alcohol);

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records), and application of one copy of a summary order to one 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. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the defendant had already been punished once due to drunk driving, but again repeated the same kind of crime, and that the defendant's blood alcohol concentration at the time of the instant case is considerably high to 0.129%, it is necessary to strictly punish the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, family relationship, home environment, circumstances after committing a crime, etc., that the defendant is expected not to repeat the crime, and that there is no record of criminal punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character, environment, family relationship, home environment, circumstances after committing a crime, etc.