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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 December 5, 2013, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court as a crime of violation of the Road Traffic Act.
On July 8, 2019, at around 23:01, the Defendant driven a C-hurd-hurd-hurd-purd-purd-purd-purd-purd-purg-purd-purd-purd-purd-purg-purged-purged-purged-purged-p
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of drinking driving control, and a record of drinking measurement;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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. 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 (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Social Service is that the Defendant had been punished for drunk driving in the past (0.186% of blood alcohol level at the time of blood alcohol level) but, at the same time, he/she committed the instant drinking driving. The blood alcohol concentration was very high, driving distance was a long distance, and the Defendant was exposed to the police during the patrol while driving dangerously, such as signal violation.
However, there is a favorable circumstance that the defendant repents his mistake, and that the defendant has no particular criminal record in addition to a fine due to a drunk driving.
Other factors of sentencing indicated in the records, such as the defendant's age, character and conduct, family environment, motive and circumstance of crime, etc., shall be determined as per Disposition.