Text
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
[criminal record] On October 13, 2008, the defendant was sentenced to a summary order of one million won of a fine for a crime of violating road traffic law in the Gunsan Branch of the Jeonju District Court of Korea on October 13, 2008, and was sentenced to suspension of indictment by the Gunsan Branch of the Jeonju District Public Prosecutor's Office on November 28, 2017.
[2] On April 11, 2018, the Defendant driven BM 220d car under the influence of alcohol concentration of approximately 0.125% from the section of approximately 1km to the front road of the oil station located in 00:10 on the same day from the front road of the Donnam apartment apartment in the Donsan-si, Dansan-si, Dansan-si, Seoul, around 00:10 on the same day.
As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as the details of inquiries about management of initial reports, references to inquiries, such as criminal history, investigation reports (Attachment to such previous summary orders, etc.);
1. Articles 148-2(1)1 and 44(1) of the relevant Act on the Traffic of Roads concerning criminal facts (the selection of imprisonment, the selection of a punishment by imprisonment, the entry of a criminal defendant who has been punished once due to drinking, and the fact that he/she had been sentenced to the suspension of indictment in 2017, and the fact that he/she has been subject to the suspension of indictment after driving a drinking in 2017 and has reached the driving of the instant drinking, taking into account that the amount of alcohol concentration in blood is considerable;
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 suspension of execution (Considering that there is only the reflective fact, and the one-time punishment due to driving under drinking, etc.);
1. An order to attend a course under Article 62-2 of the Criminal Act;