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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 November 2, 2019, at around 16:50, the Defendant driven a D Tbluri vehicle from approximately 5km to the front road of C High School located in B in the same city from the Do in front of the Gangseo-ro 8-29, Gangwon-do, Gangwon-do, Gangwon-do, while under the influence of alcohol content 0.20% of the blood alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to field photographs, notification of results of the regulation of drinking driving, and circumstantial statements of drinking drivers;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
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 for orders to attend lectures and orders to provide community service;
1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;
2. Scope of recommending sentences: Non-application of the sentencing criteria.
3. The Defendant, while under the influence of alcohol level of 0.209%, driven a car about 5 km in a state of alcohol.
The defendant has been punished for a fine of 1.5 million won on February 16, 2004, and a fine of 1 million won on August 2, 2004 for a violation of the Road Traffic Act (driving without a license).
The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case