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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million on March 23, 2007, and a fine of KRW 4 million on September 25, 2013 to a crime of violating the Road Traffic Act at the Suwon Friwon.
[2] On September 7, 2017, the Defendant driven a B-car under the influence of alcohol content of approximately 0.076% in the direction of 0.9km to the front side of the Osan National Hospital, located in the 16th-ro, the head of the Sinsan National Hospital, the head of the Sinsan National University, the head of which was 2:47 on September 7, 2017.
As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same kind of crime. The favorable circumstances - The defendant recognized all the criminal facts. Considering that the defendant’s blood alcohol concentration was not high. - The defendant was punished for the same kind of crime once every one year in 2007 and 2013, and the time for the crime was not concentrated at a time. The period of the crime was not concentrated in consideration of all the conditions of the sentencing revealed in the trial process in each of the above circumstances.