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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 25, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu.
On August 27, 2019, at around 21:31, the Defendant driven a e-high-est car from around 3Km to around D in Kimpo-si, Kimpo-si, while under the influence of alcohol with 0.13% of blood alcohol concentration.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A list of prosecution documents, arrest reports, and list of 112 reported cases, accompanying investigation reports (in the course of detection of a suspect and the date and time of committing a crime);
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act; the frequency of punishment for the same kind of crime; the frequency of punishment for the same crime; the time interval with the crime; the confession of the crime; the appearance of misunderstanding; and the age, character and conduct, environment, and circumstances after the crime, etc. of the defendant, shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior;