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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 13, 2008, the Defendant issued a summary order of KRW 700,000 by the Changwon District Court as a crime of violation of the Road Traffic Act, and on April 28, 2014, the Defendant issued a summary order of KRW 2 million by the same court as a crime of violation of the Road Traffic Act.
On December 17, 2018, the Defendant, while under the influence of alcohol of 0.089% of blood alcohol level on December 23:43, 2018, driven a Frote car from the front side of a restaurant in the Changwon-si B to the e-way located in D of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on the circumstances of a drinking driving, and inquiry into the results of the crackdown on drinking driving;
1. Criminal records: Application of criminal records and summary order statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, the blood alcohol concentration of the instant case (0.089%) and the details and circumstances of the instant crime and the circumstances after the instant crime.
Unfavorable circumstances: The defendant committed the crime of this case without being aware of the record of punishment two times for the same crime.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
There is no history of punishment exceeding a fine in the past.