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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 March 16, 2015, the Defendant, at the Changwon District Court, issued a summary order of KRW 1 million for the violation of the Road Traffic Act, but was under the influence of alcohol of KRW 0.162% for blood alcohol concentration on June 26, 2019, the Defendant driven a DSS5 car from the funeral hall parking lot of the Changwon-si C Hospital in Changwon-si, Changwon-si to the funeral tunnel located in Kim Young-si, Kim Jong-si to the funeral tunnel of approximately seven kilometers in approximately seven kilometers.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, family relationship, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:
Disadvantageous circumstances: The defendant was driving in the state of full blood alcohol (0.162% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.
In 2015, the defendant has been punished once for the same crime.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
No defendant has been punished in excess of a fine.