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 Power】 On March 31, 2008, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at an Ansan District Court’s Ansan Branch on March 31, 2008, and was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Ansan Branch on February 4, 2010, and was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) on more than two occasions.
【Criminal Facts】 On March 28, 2019, the Defendant driven a Fcoon car in the state of under the influence of alcohol 0.102% in blood alcohol concentration at a 0.102% at a distance of about 2 km from the front day of the “C” head office in Ansan-si, Ansan-si to the front day of the “E” head office D in Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of criminal records of the same kind of drinking driving of a suspect);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances, such as the reflectivity and the fact that there is no penalty power exceeding the fine);
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;