Text
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On April 8, 2014, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's decision on April 27, 2016, and was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Jeju District Court's Jeju District Court's decision on April 27, 2016, and (3) on November 28, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Game Industry Promotion Act by imprisonment of six months for a violation of the Game Industry Promotion Act at the Jeju District Court's Decision on August 2, 2019.
[Criminal Facts] On August 1, 2019, at least 0.186% of blood alcohol concentration, the Defendant, while under the influence of alcohol on August 1, 2019, was driving a Crocketing car at approximately 5km from the front of a restaurant in the Triyang-dong at Jeju to the front of the B apartment at Jeju, and violated Article 44(1) or (2) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Entry of the written statements of D;
1. Report 112 case handling table prepared by the police, report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on detection of a drinking driver, and report on the results of the crackdown on drinking driving, respectively; and
1. Each image of the related photographs;
1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to each statement (including attached documents) of investigation reports (the confirmation of the same type of force / the confirmation of crimes during the period of suspension of execution) prepared by the prosecution;
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. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes (the first head at the time of the sale shall be deemed to have been in full charge);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Probation, order to provide community service and attend lectures under the Criminal Act;