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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On June 22, 2011, the Defendant received a summary order of KRW 2,50,000 from the Seoul Western District Court to a fine of KRW 2,50,000 as a crime of violation of road traffic law. On June 24, 2011, the above court received a summary order of KRW 1,00,000 as a crime of violation of road traffic law (driving), not only the above court received a summary order of KRW 1,00,000
[2] Around February 22, 2018, the Defendant driven a C car with alcohol content of at least 0.105% while under the influence of alcohol on the roads in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul, for approximately 1km from around 23:35 to the Seongbuk-gu, Seongdong-dong, Seongdong-gu, Seongdong-gu, Seoul, for a c car with alcohol content of at least 0.105%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Previous convictions: Application of inquiry letter, text of judgment, and copies of each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);
1. In light of the fact that the defendant committed the crime of this case at the same time despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, community service, and order to attend lectures, had four times or more, and the criminal liability of the defendant is heavy.
However, a judgment of suspension of execution is rendered by comprehensively taking account of various circumstances, such as the defendant's misjudgmentation and drinking volume of this case (0.105%).