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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 7, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and on October 8, 2013, in the same court, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.
On March 24, 2019, at around 21:00, the Defendant driven a F Lastren car while under the influence of alcohol concentration of approximately 1.5 km at approximately 0.096%, to the front road of E located in D on the front road located in D, Young-gun, Gangwon-do.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1.Report on the circumstantial statements and investigation report (the circumstantial report of the host driver);
1. Inquiry into the result of the crackdown on drinking driving;
1. Criminal records: Criminal records, inquiry reports, investigation reports (verification reports on the same kind of drinking power), and application of Acts and subordinate statutes governing summary orders;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.
Unfavorable circumstances: A defendant has been punished by a fine for a violation of the Road Traffic Act around 2008 and around 2013, respectively.
The favorable circumstances: The mistake is recognized and reflected.
There shall be no criminal records exceeding fines.