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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 November 16, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.
On November 14, 2019, at around 21:57, the Defendant driven a D C200 car under the influence of alcohol concentration of about 0.066% in the 150-meter section from Guri-si B to Guri-si front road.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and report on the situation of a drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (Attachment to a summary order of the same kind of power), and summary order;
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 for providing community service and attending lectures;
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. The Defendant has a high possibility of criticism in that he/she again commits the instant crime at the time when two years have not passed since he/she was punished for a violation of the Road Traffic Act (driving) around 2018.
The defendant's blood alcohol content at the time is 0.066%, the defendant's age and character, family relation, motive and means of crime, circumstances after crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the text.