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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 May 11, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on May 11, 2009, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the same court on June 8, 2009.
On April 15, 2020, the Defendant, despite the power of violating the regulations on the prohibition of drinking driving, driven a F-cr-type car at around 01:0 on the front of the “C” in the “C,” which was located in the “C,” and from around the front of the “E,” located in the “C,” which was under the influence of alcohol with a maximum of about 1km alcohol concentration of 0.181%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the circumstances leading to the instant crime for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the degree of previous convictions for which not less than ten years have passed but the same kind of criminal records, the fact that the accused has no criminal records exceeding the fine, and the fact that the accused reflects the crime; and