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A defendant shall be punished by imprisonment for six months.
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 October 17, 2008, the Defendant issued a summary order of a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the leisure branch of Suwon District Court on October 17, 2008, and on May 3, 2013, the Defendant was punished for a violation of the Road Traffic Act (driving) at least twice after being issued a summary order of KRW 4 million for the same crime by the same court on May 3, 2013.
On April 14, 2019, at around 01:45, the Defendant driven a E-high-speed car with approximately approximately 20 meters section from the B adjacent to the Dmatet, Seoul, to the front road of the Dmat in C, while under the influence of alcohol content of about 0.173%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the status of drinking driving;
1. Response to the request for appraisal;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had been subject to punishment two times after driving under influence of alcohol, again driving under influence of alcohol.
However, the section of drinking driving is relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.