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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 July 21, 2017, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, at the port support of the Daegu District Court.
On December 4, 2019, at around 21:55, the Defendant was under the influence of alcohol with 0.160% of blood alcohol concentration, and the Defendant was under the influence of the Defendant’s vehicle from the route near the city B to the front of the C Apartment at the city of Gu government.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Reference letters, investigative reports (verification of the history of sound driving), and the application of a copy of judgment statutes;
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 for providing community service and attending lectures;
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 crime of violation of the Road Traffic Act around 2003 and around 2017, the sentence is determined as ordered by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case exceeds 0.160%; and (c) the Defendant has family members to support; and (d) the sentence is determined as ordered by taking into account the following factors: (a) the Defendant’s age and character, family relation; (b) the motive and means of the crime; and (c) the circumstances after the crime, etc.