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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
[criminal power] On October 29, 2007, the Defendant was issued a summary order of 1.5 million won by the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act (driving). On July 21, 2015, the Defendant was issued a summary order of 5 million won by a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 12, 2019, at around 23:15, the Defendant driven a F Non-Stop car in the state of alcohol with approximately 100 meters alcohol concentration of about 0.235% from the front of the “C” restaurant located in the Gumi-si B to the front of the “E” restaurant located in D.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the protocol of interrogation of the police officer G;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation 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;
1. Probation and community service order, order to attend a lecture, and order to attend a lecture under Article 62-2 of the Criminal Act have the record of being sentenced to fines twice for the same kind of crime for sentencing, the fact that the blood alcohol concentration of this case belongs to a very high level, the fact that it is against the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments of this case, including the circumstances after the crime, shall be determined as the same sentence as the order.