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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 August 29, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act by the District Court of the Republic of Korea on August 29, 2016.
On October 28, 2019, around 07:25, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.071% from the 1km section from the front of the Yangju-si to the front of the Yangju-si road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;
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 2016, the sentence sentence is determined by comprehensively taking account of the distance with the previous penal records, the degree of alcohol content in the blood of this case reaches 0.071%, particularly taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the instant records and arguments, such as the circumstances after the crime, etc.