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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 30, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on December 30, 2010, and on March 27, 2012, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.
On July 19, 2018, the Defendant driven C Poter cargo at a section of about 5 km from the front of the “Cheongpung cafeteria” road in the same Si/Gun/Gu to the front road of the “Yu Water Fire Station” located in the same Si/Gun/Gu, in a state of drinking alcohol concentration of 0.171% among blood transfusion around 20:45.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;
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 suspended execution;
1. In full view of the criminal records of the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Act, the degree of the Defendant’s blood alcohol concentration at the time of driving of the instant case, the driving distance of the instant case, the developments leading up to regulating the Defendant, whether the Defendant’s family relationship, etc., and the various sentencing conditions indicated in the records and arguments on changes, such as family relationship, etc.
It is so decided as per Disposition for the above reasons.