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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 November 21, 2007, the Defendant was issued a disposition to send juvenile protection cases to the Gangseo branch office of the Chuncheon District Prosecutors' Office as a crime of violation of the Road Traffic Act. On January 16, 2015, the Defendant had been issued a summary order of KRW 1 million due to a crime of violation of the Road Traffic Act at the Gangseo branch office of the Chuncheon District Court on January 16, 2015. However, on May 6, 2020, the Defendant was driving approximately 560 meters, while under the influence of alcohol concentration of 0.131% from the Gangnam-si B apartment parking lot to the front of the same C apartment Ddong at around May 6, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the regulation of drinking driving, and report on investigation into the circumstantial statement of a drinking driver (Attachment to field photographs, etc., hearing of reporter's telephone statements, etc.);
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;
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. An order to attend a course shall be selected by taking into account the principal offender’s records of the same crime with the reason for sentencing under Article 62-2(1) of the Criminal Act, and the execution of a sentence shall be suspended on condition that an order to attend a course is subject to the mitigated statutory punishment, by setting the term of punishment within the mitigated range, in consideration of the fact that the accused confession