Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2015, the Defendant is a person who violated Article 44(1) of the Road Traffic Act twice by receiving a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on March 16, 2015, and a fine of KRW 4 million for the same crime from the Vice-Support of the Incheon District Court on July 1, 2016, respectively.
On March 16, 2018, while the Defendant was under the influence of alcohol content of 00:28% during blood transfusion, the Defendant driven a B SP car within approximately 100 meters from the roads in Seocho-gu Seoul, Seocho-gu, Seoul to the roads in front of 160 meters in accordance with the same Gu’s action.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of measuring the suspect's drinking alcohol;
1. Statement of the circumstances of the driver involved in driving;
1. References to inquiries, such as criminal history, and the application of the judgment text;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;