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A defendant shall be punished by imprisonment for a term of one year and two months.
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 January 26, 2017, the Defendant received a summary order of KRW 6 million due to the violation of the Road Traffic Act in the Gangseo branch court of the Chuncheon District Court on January 26, 2017.
On November 29, 2019, at around 23:36, the Defendant driven an Esch Rexton vehicle under the influence of 0.089% of blood alcohol concentration at approximately 9.4km from the vicinity of Gangnam-si B to the vicinity of Gangseo-si.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Each investigation report (to be accompanied by field photographs and images submitted by a reporter);
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind 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. In light of the circumstances leading up to the crime committed on the grounds of sentencing under Article 62-2(1) of the Criminal Act, the court shall choose a sentence to the extent that the statutory punishment is mitigated, taking into account the following factors: (a) the degree of the principal reading of the accused appears not to have been somewhat weak; (b) the accused has the record of having committed the same kind of crime; (c) the accused has led to the confession of the offense and the mistake; (d) the blood alcohol concentration level is not very high; and (e) the degree of the blood alcohol level is not higher than that of the suspended sentence; and (e)