Text
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.
(b) the defendant;
Reasons
Punishment of the crime
On November 29, 2012, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution by the Incheon District Court for a violation of the Road Traffic Act.
On January 22, 2020, at around 23:35, the Defendant driven C Coin car while under the influence of alcohol, which is 0.160% of blood alcohol concentration on the front of Gyeyang-gu Incheon Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal records and other inquiry reports, investigation reports (a summary order and attachment of judgment) and the application of statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (or choice of imprisonment by the accused in consideration of the traffic-related criminal records including one time prior to driving under the influence of alcohol and other circumstances, etc.);
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered when the distance driven by the accused is relatively short);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);
1. Order to attend lectures under Article 62-2 of the Criminal Act;