Text
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
[Criminal Power] The defendant was sentenced to a fine of KRW 500,000 by the Gwangju District Court on August 6, 2007 as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 27, 2019, the Defendant driven a motor vehicle with E Spo-type from around 200 meters to the front of the same Gu D apartment at approximately 200 meters away from the G Gerost store in Gwangju, while under the influence of alcohol of 0.080% of blood alcohol level around 00:05.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act requires the following comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the health condition of the defendant, and the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case.