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A defendant shall be punished by imprisonment with prison labor for up to six 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
[criminal power] On August 17, 2009, the defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on August 17, 2009, and a fine of KRW 2.5 million for the same crime in the same court.
【Criminal Facts】
On June 4, 2019, around 20:42, the Defendant driven an E rocketing car with approximately 200 meters alcohol concentration 0.129% under the influence of alcohol on the part of approximately 200 meters from the Jinju Island B to the front road of “D” located in C.
Accordingly, the defendant was driving a motor vehicle under the influence of alcohol, even though he violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);
1. Article 148-2(1)1 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance from driving, the circumstances leading to driving, the previous punishment records of the defendant, and the various conditions of sentencing as shown in the pleadings of this case, and the sentence shall be determined as ordered.