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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 June 22, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
On August 6, 2019, at around 21:30, the Defendant driven a DNA rocketing car under the influence of alcohol content of about 0.147% at a 300-meter range from the 300-meter range to the front road of Gyeonggi-gun B, B, and C.
Accordingly, the defendant violated his duty not to drive alcohol more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (attached to the same 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;
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 2009, the sentence sentence is imposed on the Defendant, taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.147%; and (c) the Defendant is said not to repeat the crime; and (d) the offender’s intent to resist his wife; and (b) other factors such as the Defendant’s age, character and conduct, family relationship; (b) motive and means of the crime; and (c) the circumstances after the crime, etc., as well as the prosecutor’s life penalty (two years of imprisonment) as the order.