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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 26, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Jeonju District Court's Gun mountain support on July 26, 2010, and a fine of KRW 2 million for a crime of violating the Road Traffic Act in the Jeonju District Court's Gun mountain support on June 21, 2012.
On August 9, 2018, the Defendant, while under the influence of alcohol of 0.114% of blood alcohol concentration on August 22 and 55, 2018, driven a fsch Rex sportston sport car at approximately 500 meters away from the road front of the E convenience store located in Gunsan-si B in the same city on the roads of “Ccafeteria” located in Gunsan-si B.
Therefore, even though the defendant was punished not less than twice due to drinking driving, he again driven a motor vehicle while under the influence of alcohol in violation of this.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Previous records before ruling: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (verification of criminal records of the same kind as a suspect), military acid support of the Jeonju District Court and summary orders, etc.;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in consideration of the fact that there has been two times of past records subject to punishment due to sound driving, and that the blood alcohol concentration level is high, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Considering the fact that the accused recognizes the crime and reflects it, and that there exists only the past record of being punished by a fine twice due to drinking driving, such as the previous record of judgment, etc.);
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;