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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 May 13, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on September 11, 2013, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court, and on October 20, 2016, to a suspended sentence of KRW 6 months for the same crime in the same court.
On April 22, 2020, at around 02:40, the Defendant driven a motor bicycle under the influence of alcohol of about 150 meters from the front of the Daegu Dong-gu B building to the front of the D Bank located in the same Gu C, while under the influence of alcohol of about 0.182%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;
1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same criminal records and confirmation);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to attend the course of education, are not to be mitigated, and disadvantageous circumstances, such as the fact that the main contents of sentencing are against the defendant, and the distance of driving is not long, and other favorable circumstances, including the defendant's age, character and behavior, environment, background of the crime, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions specified in the trial process of this case, including the following circumstances