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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 11, 2007, the Defendant was sentenced to a fine of one million won as a violation of the Road Traffic Act (driving) by the District Court of Jung-gu.
On July 9, 2019, at around 23:49, the Defendant driven an ESF station under the influence of alcohol concentration of about 0.150% from the 1.5km section to the roads in front of the same military unit, from the C cafeteria located in the C Corwon-gun B of Gangwon-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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. 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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2003 and around 2007, the sentence is determined as ordered in consideration of the distance from the previous penal records, and the degree of alcohol content of the blood of this case reaches 0.150%. In addition, considering the following factors: (a) the Defendant’s personal figures want to have the Defendant’s wife; (b) the Defendant’s age and character; (c) the Defendant’s personality and conduct; (d) the motive and means of the crime; and (e) the circumstances after the crime; and (e) the various sentencing conditions indicated in the instant records and arguments and the prosecutor’s life sentence (two years of suspended sentence).