Text
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
On September 26, 2006, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Central District Court on September 26, 2006, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on February 25, 2009.
On August 8, 2018, around 22:05, the Defendant driven BM vehicle in the state of alcohol alcohol concentration of about 7km from approximately 0.122% from the 88km-ro, Jongno-gu, Seoul, Jongno-gu, Seoul to the 343-20 Northwest-do, Yongsan-gu, Seoul.
As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle under the influence of alcohol again in violation of the restriction.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), and summary order-making statute;
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 stay of execution (the fact that there is no past record of criminal punishment other than the previous conviction in the judgment, the recognition of a mistake and reflects it);
1. An order to attend a course under Article 62-2 of the Criminal Act;