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
[criminal history] On March 20, 2013, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law in the support of the Gwangju metropolitan District Court on March 20, 2013, and was sentenced to a fine of KRW 4 million due to a violation of road traffic law in the same court on July 25, 2016.
[2] Although Defendant 1 had been punished for a violation of the Road Traffic Act (driving) more than twice as seen above, Defendant 2 driven B Lone Star Co., Ltd. at a section of about 500 meters from the front day of the front day of the front day of the Cheongdo-do-Eup Cheongdo-do-Eup with the alcohol concentration of 0.213% at around November 3, 2017, while he was under the influence of alcohol at around 0.20% without a vehicle driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, notification of the results of regulating drinking driving, and the register of driver's licenses (A);
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, etc., a copy of an investigation report (Attachment of a summary order), and application of three copies of a summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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 reason for sentencing under Article 62-2 of the Criminal Act, the Defendant committed the instant crime without being among those who had been subjected to three times or two times or more due to driving without a license due to drinking, and again committed the instant crime.
In addition, the amount of alcohol concentration of the defendant's blood at the time of drinking is not lower.
Considering the above circumstances, even though the defendant should be punished strictly, the fact that the defendant reflects his mistake, there is no record of punishment exceeding the fine, and other circumstances such as the age, sex, environment, circumstances, and circumstances after the crime.