Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On May 4, 2015, the Defendant was sentenced to a fine of 500,000 won for the violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.
Nevertheless, at around 08:20 on June 2, 2019, the Defendant driven an EM5 car in the state of alcohol alcohol 0.158% of blood alcohol concentration from approximately 5 km to the distance before D University located in Mineyang-si C from the 08:20 on Jun. 2, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;
1. Relevant Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. The sentencing of Article 62(1) of the Criminal Act, based on the following factors: (a) the period of time between the defendant's criminal records of the same offense; (b) the degree of blood alcohol concentration of the defendant at the time of driving of the instant case; (c) the occurrence of the accident; (d) the driving distance of the defendant; and (e) whether the defendant reflects the defendant's family relationship; and (e