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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 August 31, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch.
【Criminal Facts】
On November 2, 2019, at around 03:19, the Defendant driven a D Sp-type car at approximately 2 km from around 0.195 meters to reaching the front of the B lending road via the Busan Hap-gu, Busan Hap-gu, Busan Ba, through the roads in front of the B lending, while under the influence of alcohol by 0.19%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.
The blood alcohol concentration at the time of the instant crime is considerably high.
As a result of the instant crime, there was an accident in which other vehicles were shocked.
In favorable circumstances: The defendant shows an attitude to recognize and reflect his mistake, and there is no history of punishment exceeding the fine.
In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.