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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 February 14, 2019, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Seobu branch of the Busan District Court.
On March 15, 2020, at around 07:16, the Defendant driven a Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes, such as a statement on criminal records, references to dispositions, reporting on the results of confirmation, and a summary order attached thereto;
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 for providing community service and attending lectures;
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. The Defendant, who was sentenced to punishment for a violation of the Road Traffic Act on or around 2019, committed the instant crime again in the previous penal power and the senior one year only, taking into account the fact that the blood alcohol content of the instant case is 0.139%, taking into account, in particular, the Defendant’s age, character and conduct, family relationship, motive and means of the instant crime, and circumstances after the crime, etc., and determine the sentence as ordered by taking into account various sentencing conditions shown in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship