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A defendant shall be punished by imprisonment for not less than eight months.
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 April 24, 2008, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s branch on April 24, 2008, and a fine of KRW 4 million for a violation of the Road Traffic Act in the same court on October 13, 2015.
On March 23, 2019, the Defendant, as a person who has violated the regulations on the prohibition of drunk driving twice or more, driven Cchier car under the influence of alcohol 0.063% of the blood alcohol concentration from around about 5 km from the front of the office of the Pyeongtaek-gu Seoul Metropolitan Government Office to the front of the city B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of force);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol level and the accused’s previous conviction as major sentencing factors, the Defendant’s mistake is recognized, and the Defendant’s punishment is determined as ordered and the execution of the order of community service and the order of education is suspended on the premise of the faithful performance of the order of education, by comprehensively taking into account all of the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.