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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 December 19, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Seoul Western District Court.
On November 17, 2019, at around 09:37, the Defendant driven C-II cargo vehicle under the influence of alcohol with approximately 50km alcohol concentration of about 0.032% from the 50km section from the front road of the Seoul Jung-gu and the Defendant’s residential area to the 17 Macheon-si Selection Expenses.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing, and the report on the state of the driving under drinking;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);
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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2002 and around 2011, 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 is 0.032%; and (c) the so-called “nearing driving.” In particular, considering the Defendant’s age, character and conduct; (d) family relationship; (e) motive and means of the crime; and (e) circumstances after the crime, etc., various sentencing conditions indicated in the records