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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 February 6, 2011, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Chuncheon District Court to the same crime on November 15, 201, respectively.
On September 20, 2018, around 21:56, the Defendant driven a F Sti-type car in the state of alcohol alcohol concentration of about 100 meters from the section of approximately 100 meters, while under the influence of alcohol concentration of 0.165%, from the roads near “C” located in Jeju City to the roads near “E” located in D at Jeju.
As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognize and reflects the defendant's mistake, the defendant's previous convictions are three times the criminal records of the same kind of fine, the degree of the taking, and the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime, etc. shall be comprehensively considered and determined as the order of the punishment as shown in the records and arguments of this case.