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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 5, 2012, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on January 20, 2015, the Seoul Southern District Court issued a summary order of KRW 1 million for a violation of the Road Traffic Act.
around 04:26 October 17, 2019, the Defendant driven a D S350 L car owned by the Defendant under the influence of alcohol concentration 0.095% from the French land to the “C” restaurant located in Yangju-si B from the French land (hereinafter referred to as the “C”).
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;
1. Application of Acts and subordinate statutes to inquiry into criminal records and investigation reports (verification of criminal records of the same kind);
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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2012 and around 2015, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case is 0.095%, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be comprehensively considered.