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A defendant shall be punished by imprisonment for not more than ten months.
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 May 3, 2013, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court on May 3, 2013; 2.5 million won by a fine for a violation of the Road Traffic Act at the Seoul East District Court on October 24, 2012; and 5 million won by a fine at the Seoul Western District Court on August 16, 2010.
On November 7, 2018, the Defendant, while under the influence of alcohol of 0.104% on blood alcohol level around 08:50 on November 7, 2018, driven CA car at the section of approximately 12 km from the 34km-ro, Yongsan-gu, Seoul, Yongsan-gu, the 84-ro, Seoul, to the roads near the Han River Park in the direction of the 34km-ro.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previouss before and after judgments: Criminal history records, inquiry reports, confirmation of the same type of force, judgment, application of Acts and subordinate statutes governing summary orders;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that there is no record of punishment other than the previous conviction in the judgment, the fact that there is intention not to repeat the crime by disposing of vehicles, etc., and that there is a wrong recognition and reflective circumstance: Two times of fines due to drinking driving, one time of suspended execution, and all of the sentencing conditions specified in the records and arguments, such as the defendant's age, character and conduct, family relationship, and circumstances before and after