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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 15, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Seongbuk Branch.
【Criminal Facts】
On March 22, 2020, around 00:33, the Defendant driven a DNA car with approximately KRW 5km from the road in front of the Daegu Southern-gu B market to the front road of Daegu-gu C, and with approximately 0.172% alcohol concentration under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report as a result of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Criminal records: Criminal records, confirmation of related cases, list of related cases and judgment, and application of summary order statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
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. In light of the probation, community service, and lecture attendance order’s blood alcohol concentration, and the same criminal records of the same kind of crime, etc., the sentence like the disposition is imposed in consideration of various circumstances, including the Defendant’s age, character and behavior, occupation and environment, criminal records, motive and circumstance of the crime, and circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case.
It is so decided as per Disposition for the above reasons.