Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On January 4, 2008, the Defendant was issued a summary order that imposes a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court). On July 9, 2012, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.
[Criminal facts] On October 2, 2016, the Defendant was under the influence of alcohol level of 0.182% in blood around 23:00, the Defendant driven B rocketing car at approximately 500 meters from the 220-day, Gwanak-gu, Seoul to the 95-ro, Gwanak-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (Attachment to a summary order of the same kind of force), summary order, application of the text of the judgment, and application of the statutes governing the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are as follows: (a) the Defendant, as stated in its reasoning, has driven a vehicle in a drunken state with alcohol level exceeding 0.1% in blood alcohol level, even though he/she had a history of driving two times; and (b) the Defendant’s age, sex, environment, and conditions for sentencing, such as the circumstances after the crime, shall be determined as ordered.