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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2] On February 19, 2008, the Defendant issued a summary order of KRW 1,50,000,000 for a fine due to a violation of road traffic laws in the Seo-gu District Court Branch of the Daegu District Court on February 19, 2008, and on May 2, 2014, the Daegu District Court issued a summary order of KRW 3 million for a violation of road traffic laws.
[2] On October 2, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as above, driven B-do motor vehicle under the influence of alcohol alcohol level of about 3 km from the front road to the front road in the Seogu-gu, Seogu, Daegu Scatteringdong, Seo-gu, Seo-gu, Seoul at around 21:35 on October 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.
Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving under drinking twice.
A favorable normal situation: The defendant does not again commit the same crime.
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