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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 5, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court. On December 10, 2007, the Defendant issued a summary order of KRW 2.5 million with the same court as a crime of violating the Road Traffic Act (drinking driving). On June 8, 2007, the Defendant issued a summary order of KRW 1.5 million with the same court as a crime of violating the Road Traffic Act (drinking driving).
On April 15, 2017, around 19:25, the Defendant driven a two-way motor vehicle under the influence of alcohol concentration of about 0.241% in blood, from the Do in front of 297-3 (consorted Boak-ro), the Masan-si, Changwon-si, Masan-si, Seoul-si, to the 20th Do in front of the same 297-3 (consort-ro), to the 20th Do in front of the same Do.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
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. Although Article 62(1) of the Act on the Suspension of Execution has the same criminal history for the reasons of sentencing under Article 62(1) of the Criminal Act, the sentence is determined as ordered by comprehensively considering the following factors: (a) the distance of driving in this case is short and driving; (b) its mistake is against the Defendant’s health condition; and (c) other various conditions of sentencing, such as the Defendant’s family relationship.