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
On October 10, 2018, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court due to a violation of the Road Traffic Act.
Nevertheless, at around 05:55 on September 26, 2019, the Defendant, while under the influence of alcohol with 0.121% of alcohol content, was driving D in approximately 140 meters from the front of the Seoul Yangcheon-gu B apartment to the front of the same Gu C at approximately 140 meters.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of a survey report on actual condition and the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of the same sentence as the order shall be made, taking into consideration all the kinds of sentencing conditions shown in the pleadings of the instant case, such as the reason for sentencing under Article 62-2 of the Criminal Act, circumstances of drinking alcohol driving, the measurement of drinking alcohol, the previous conviction of a fine for drunk driving, the risk of recidivism, and reflectivity.
It is so decided as per Disposition for the above reasons.