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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 October 22, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.
On April 19, 2020, at around 00:15, the Defendant driven a Centent vehicle with a blood alcohol concentration of 0.071% at the front of the Guri-si B at the front of Guri-si, and turned down approximately one meter thereafter.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of suspected victims of violation of the Road Traffic Act (driving), reports on the state of the driver concerned, investigation reports (report on the circumstances of the driver concerned), and inquiry into the results of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);
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;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. The defendant who was sentenced to punishment has been punished for a violation of the Road Traffic Act (driving) around 2008, and this is the second crime.
The distance between the previous punishment force and the instant indictment itself is large and the driving distance of the Defendant is only one meter.
Taking into account the fact that the defendant wants to take the line as a economically difficult situation.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.