Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 23, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on October 23, 2009, and a fine of one million and five hundred thousand won for the same crime at the above court on February 12, 2016.
On August 25, 2017, at around 00:13, the Defendant driven a B rocketing car under the influence of alcohol content of 0.108% during blood while under the influence of alcohol, from the front of a mutual influent restaurant located in the Seo-gu Special Metropolitan City, to the front of the limit of approximately 76 minutes per high-tech of the north-gu Seoul Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report;
1. Written response to a request for appraisal;
1. A report on the detection of a primary driver;
1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.