A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

[criminal history] On July 9, 2007, the Defendant issued a summary order of KRW 3 million to a fine of KRW 3 million due to a violation of road traffic law (driving), and a fine of KRW 3.5 million by the same court on August 25, 2014.

[2] On July 1, 2018, around 23:00, the Defendant driven a BS-type car under the influence of alcohol concentration of approximately 0.132% from the 1km section from the 1km-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

As a result, although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking driving), he again driven the said car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of force), and application of each summary order 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 (the consideration of favorable circumstances expressed in the grounds for sentencing) of the Act on Reduction of Small Quantity;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal history to punish the defendant exceeding the fine.

4 years have passed since the record of punishment for final drinking driving.

◎ 피고인에게 불리한 정상은 다음과 같다.

The defendant has three times of punishment for the same offense of fine.

◎ 위와 같은 피고인에 대한 여러 사정...