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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 10, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on November 12, 2014, at the Seoul Eastern District Court, issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.
On July 14, 2019, at around 23:10, the Defendant driven a car with approximately 1.4 km from the roads near CF located in Nam-si, Namyang-si, to the roads front of D in Yangyang-si, with a blood alcohol concentration of about 0.070%.
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 situation of a drinking driver, report on the status of a drinking driving, and inquiry into the results of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind);
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. Since the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2009 and around 2014, considering the distance from the previous penal records and the degree of alcohol content in the blood of this case reaches 0.070%, the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, including the following: