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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 became final and conclusive.
Reasons
Punishment of the crime
On June 25, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the District Court of Jung-gu, 2008, and on February 21, 2014, the Defendant issued a summary order of KRW 1 million for the same crime at the same court.
At around 21:10 on December 15, 2019, the Defendant driven a DNA car with the blood alcohol concentration of 0.034% under the influence of alcohol from approximately 50 meters to the front road from the French land (hereinafter referred to as the “Sastren car”) from the 21:10 on Yangju to the front road.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for drunk driving even before the sentence is rendered.
Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.034%.
However, the fact that the defendant recognized the crime and reflected in the crime, and that the blood alcohol concentration is relatively low to the extent that the control standard is relatively low, shall be considered in light of the circumstances favorable to the depositary.
The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.