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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 February 4, 2014, the Defendant received a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on December 29, 2015 and received a summary order of a fine of 3 million won for the same crime in the same court on December 29, 2015 and received two further criminal records.
On June 13, 2017, the Defendant, while under the influence of alcohol at around 01:10% during blood, driven a BN driver’s vehicle at approximately 1km from the 419-distance map near the river basin in Gangnam-gu, Seoul, to the same tri-ro, 451 (451).
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant again committed the instant crime despite the fact that he/she had been punished twice due to drinking alcohol driving in the past; (b) the amount of alcohol concentration in blood at the time of the instant case is very high; and (c) the occurrence of traffic accidents due to the Defendant’s gross negligence; (d) the Defendant reflects the recognition of the instant crime and the mistake; and (e) the Defendant has no record of punishment in excess of the past fine, taking into account favorable circumstances.