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 June 29, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 1, 2008, issued a summary order of KRW 1 million for the same crime at the same court.
On July 5, 2017, while under the influence of alcohol concentration of 0.058% among blood transfusion, the Defendant driven a cub car in B from the section of approximately 1km to the (Gu) road located in Seo-gu, Seo-gu, Gwangju to the (Gu), Seo-gu, Seo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;
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. In full view of all the factors indicated in the pleadings of the instant case, including the fact that there was a history of punishment four times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as set forth in the text.