Text
A defendant shall be punished by imprisonment for not less than eight 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
On February 5, 2009, the Defendant received a summary order of KRW 1,50,000,000,000 from the Changwon District Court's Jinju branch due to a violation of road traffic laws (driving), a fine of KRW 1,50,00,000 due to a violation of road traffic laws (driving), and a fine of KRW 1,50,000,000 due to a violation of road traffic laws (driving), in the same court on February 18, 2011.
On March 25, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content 0.11% in blood, while under the influence of alcohol content 0.11% in the vicinity of the Galmama-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu.
Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the result of regulating driving of drinking alcohol;
1. Application of the Acts and subordinate statutes stated in the investigation report (the attachment report to the same working decision);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration in the blood of this case, criminal records, etc. are considered.