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A defendant shall be punished by imprisonment for one year.
except that 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 22, 2012, the Defendant was issued a summary order of KRW 3 million by Seoul Southern District Court due to a violation of the Road Traffic Act.
Although the Defendant had the aforementioned history of driving alcohol, around 08:05 on December 6, 2019, the Defendant driven a 508 vehicle under the influence of alcohol concentration of about 400 meters from the front of Gangseo-gu Seoul Metropolitan Government to the front of D elementary school located in the same Gu C, and driven a 508 vehicle under the influence of alcohol concentration of about 0.114%.
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. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to summary orders related to the sound records);
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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.
The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.
There is no history that the defendant has been punished beyond a fine.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.