Text
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 October 29, 2010, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on October 29, 2010, and a fine of KRW 2.5 million in the same court on February 22, 2012.
【Criminal Facts】
On August 31, 2019, the Defendant driven an E rocketing car at approximately 50 meters from the front of the B apartment at the 1st, 2005 blood alcohol concentration to 0.034%, while under the influence of alcohol on August 31, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. According to the Road Traffic Act amended for sentencing of Article 62-2 of the Social Service Order and the reason for sentencing, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, including the statutory punishment strengthened under the Road Traffic Act, the criminal records of the defendant, the time interval with the previous driving record, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the occurrence of accidents, the driving distance of the defendant, the