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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 11, 2008, the Defendant was issued a fine of KRW 5 million by the Seoul Central District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on February 9, 2012, and a fine of KRW 5 million by the Seoul Southern District Court on September 6, 2012.
Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on April 8, 2019, at around 22:52, the Defendant driven a CMF5 car at approximately 1 km on the front of the road at the Namyang-si, Namyang-si, under the influence of alcohol concentration of blood 0.129%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle on a motor vehicle driving, and review the results of the control of running a motor vehicle on a drinking;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
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: One to three years of imprisonment;
2. No sentencing criteria shall be set;
3. Although the Defendant had been punished for a violation of the Road Traffic Act (refluence) around 2001, around 2002, around 2008, around 2008, around 201, and around 2012, the Defendant committed the instant crime that driven a vehicle while under the influence of alcohol content of 0.129%.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the blood alcohol concentration and distance of such accused; (b) the driving distance; (c) the content and distance of the previous penal records; and (d) the age and character of the accused; (b) family relationship; (c) motive and means of the offense; (d) the circumstances after the offense; and (e) the life sentence of the prosecutor