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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 December 20, 2018, around 20:35, the Defendant driven an E-observer car in the state of alcohol alcohol concentration of about 0.20% from the 1km section to the road located in the same city as the “B market in Thai City,” and from the 1km section in front of the “D”.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. The scope of punishment by law: One to three years of imprisonment;
2. No sentencing criteria shall be set;
3. The Defendant, who was sentenced, driven a car at about 1 km under the influence of alcohol content 0.20% by blood alcohol content.
As such, the blood alcohol concentration is reasonable, and the defendant has been punished by a fine of KRW 500,00 for a violation of the Road Traffic Act in 1993, a fine of KRW 2.5 million for a violation of the Road Traffic Act in 1998, a fine of KRW 1 million for a violation of the Road Traffic Act in 2005, and a fine of KRW 3 million for a violation of the Road Traffic Act in September 25, 2015.
The punishment shall be determined as ordered by comprehensively taking into account the following factors: the blood alcohol concentration and distance, the details and distance of the previous punishment records, and the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case.