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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 April 12, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act by the District Court of the Republic of Korea on April 12, 2016.
On October 27, 2019, at around 09:50, the Defendant driven a G E-coo vehicle with approximately 100 meters alcohol concentration of about 0.084% from the front side of a bath (D) in Macheon-si B to the front side of the F-ro in E.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2016, the sentence sentence is imposed on the grounds that the Defendant had the history of punishment, the interval with the previous penal records, although the blood alcohol content of the instant case is 0.084%, it is so-called a night-driving case, and the Defendant is a family member to support the Defendant. In particular, considering the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as per the order, taking into account various sentencing conditions shown in the records