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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 1, 2007, the Defendant was sentenced to a fine of KRW 1,50,00 to a crime of violating the Road Traffic Act (drinking) in the Suwon District Court on February 1, 2007.
Nevertheless, on September 22, 2020, the Defendant driven a FM6 vehicle under the influence of alcohol level 0.159% while under the influence of alcohol level 0.159%, from around 500 meters to the front road of “E” in front of the restaurant “C” restaurant in G in the Gyeonggi-si, Gyeonggi-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered is determined by comprehensively taking account of various sentencing factors such as Defendant’s age, sexual behavior, environment, conditions after the crime, family relation, etc., including the fact that two times of fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the driving distance of drinking is very high, driving distance is not short, confession and reflect, the fact that a vehicle is sold in a sense that it does not intend to drive drinking again, there is no history of punishment exceeding the fine, and that there is no history of punishment exceeding the fine.