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A defendant shall be punished by imprisonment for not less than eight 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
On January 17, 2014, the Defendant was punished by a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on January 17, 201, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the same court on January 24, 2017.
On March 4, 2019, at around 09:37, the Defendant driven a DNA fright car under the influence of alcohol concentration of about 0.131% in the 2km section from the Songpa-gu Seoul market to the front day of the same Gu C.
Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act twice, was driving a vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;
1. Previous records: Criminal records, etc. and the application of each summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's confession of the crime of this case while driving alcohol again although he had the record of punishment several times due to drinking alcohol, including the previous conviction in the judgment of the court below: The defendant has no record of punishment more than a suspended sentence; the defendant has no record of punishment more than a suspended sentence; the above circumstances and the conditions of sentencing as shown in the trial of this case after full consideration of the above circumstances and the circumstances after the crime, etc. shall be determined as ordered.