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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, at the Daegu District Court on May 27, 2009, issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on January 9, 2015, was sentenced to a fine of KRW 6 million at the Ulsan District Court on the same crime, and was in violation of the duty of prohibiting driving under the influence of alcohol on at least two occasions.
On February 26, 2017, at around 04:16, the Defendant driven a coo vehicle in B while under the influence of alcohol content of about 0.119% at a section of about 1km in front of the Gayang-dong, Daegu-dong, Daegu-dong, for the same time, from the road in front of the Gayang-dong, New Cancer Hospital, the Defendant driven a coo vehicle in B under the influence of alcohol content of about 0.19%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to 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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.
Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment due to drinking driving several times.
A favorable normal situation: The defendant does not again commit the same crime.
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