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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 February 20, 2019, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on February 20, 2019.
【Criminal Facts】
On December 14, 2019, around 04:46, the Defendant, as seen above, driven a motor vehicle with a f highest alcohol level of 0.118% under the influence of alcohol at approximately 150 meters from a 150-meter section, from the front of the cafeteria referred to as the “C” restaurant located in the Gyeongnam-gun, Seoul Special Metropolitan City, to the front road of the “Eju shop” located in D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions indicated in the judgment: Application of one copy of the statement on criminal history records, and one copy of the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture: The defendant was punished on February 20, 2019, but he/she was under drinking again after nine months from that time;
(k) favorable sentencing factors: The defendant's mistake and reflects his mistake, the defendant's families have no criminal records other than twice fines, and the defendant's family members want to have the preference.
In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances that form the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.