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A defendant shall be punished by imprisonment for six 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
(Criminal) On December 30, 2005, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court on December 30, 2005, and on March 14, 2008, the Defendant issued a summary order of KRW 2.5 million for the same crime to the same court on March 14, 2008, and on April 7, 2015, the Defendant issued a summary order of KRW 5 million for the same crime at the same court on the same date.
(Criminal) Despite the fact that the Defendant had been punished for drinking driving more than twice as above, at around 00:05 on May 11, 2019, the Defendant was under the influence of alcohol concentration of 0.137% at around 00:05, and driven a motor vehicle in approximately 200 meters from the front of the road located in Leecheon-si B to the E-distance in the same City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the drinking control;
1. Criminal records as judged: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture was that the Defendant once again driven alcohol, despite three times of alcohol driving skills, and at the time of detection, the blood alcohol concentration was also high.
However, the distance of drinking driving is short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.