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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 5, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act by the District Court of Jung-gu.
On January 11, 2020, at around 22:25, the Defendant driven a DNA car in the state of alcohol with a 0.191% alcohol concentration 0.191% from the 1km section from the front day of the cross-consecting of the cross-consecting behavior in the Dongducheon-si to the front day of the Dongducheon-si B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs, reports on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and reports on the state of standing of a drinking driver;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);
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. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2009, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case reaches 0.191%; and (c) the Defendant suffers from economic difficulties; and (d) other factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime.