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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
Criminal facts
[criminal history] On December 28, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law at the Suwon Friwon, and on April 1, 2010, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Suwon Friwon Friwon, and was sentenced to a fine of three million won for the same crime on March 9, 201.
[2] The Defendant: (a) was a person who violated the Road Traffic Act not less than twice due to drinking; and (b) was driving a CSP car on July 6, 201, while under the influence of alcohol at approximately 0.062% of alcohol level in the direction of about 5km from July 6, 2017 to the roads in front of Taedong-dong Highway, which are located in Taedong-dong at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement on the circumstances of the driver at each driving school;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);
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. Circumstances favorable to the defendant for sentencing under Article 62(1) of the Criminal Act are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
At the time of committing the instant crime, the Defendant seems to have been driving so-called the deliberation.
The instant crime did not cause any personal and material damage.
From the year when the defendant was sentenced to imprisonment with prison labor and was sentenced to a fine of three million won due to a driving of light drinking in 201, he was not subject to criminal punishment due to driving of drinking until the crime in this case.
There is a need for the defendant to support the unsound wife.
Circumstances unfavorable to the defendant are as follows:
The defendant's criminal records and drinking driving are various times.