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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 April 15, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on April 15, 2009.
On January 5, 2020, at around 00:16, the Defendant driven a car with approximately 100 meters alcohol concentration of about 0.181% while under the influence of alcohol on the road in front of the C Station located in the Priju City B, D.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;
1. Previous for judgment: Application of each Act or subordinate statute written in three copies of the statement of criminal history records, and the summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has three times the records that the defendant was punished for drunk driving, and the drinking water of the instant crime is considerably high.
However, the distance of drinking driving is short, and more than four years have passed since the defendant was punished for drinking driving, and the defendant seems to be against his/her intention not to drive driving again after disposing of the vehicle.
In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.
It is so decided as per Disposition for the above reasons.