Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 27, 2006, the Defendant received a summary order of KRW 1,00,000 from the Cheongju District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on June 18, 2009, the Defendant received a summary order of KRW 1,00,000 from the Cheongju District Court to a fine for a violation of the Road Traffic Act (drinking driving).
On June 12, 2017, the Defendant driven a B SP car under the influence of alcohol content of approximately 0.124% from the 1km section from the roads in front of the mutual influence house in the downstream-Dong-dong, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu to the roads in front of the Songcheon-gu, Seocheon-gu, Seoul to the roads in front of the Songcheon-gu, Songcheon-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes confirming the same criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:
At the time of the instant crime, the alcohol content of the Defendant’s blood was significantly high, the previous criminal records were led to the confessions that there are two times the same criminal records, and there is no criminal records after being punished by a fine due to driving under the influence of alcohol in 2009.