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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 May 3, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the port branch of Daegu District Court on May 3, 2010. On January 4, 2016, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Busan District Court on January 4, 2016.
On October 14, 2018, at around 23:45, the Defendant driven a Falon vehicle from the front side of the C cafeteria at the window B of Changwon-si to the E-ro in D while under the influence of alcohol with a blood alcohol content of 0.092%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Criminal records, inquiry reports, investigation reports, and application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, although the defendant had been punished twice due to drinking driving, he went to the driving of the instant case.
However, in consideration of various circumstances, such as the defendant's age, character and conduct, environment, support relationship, the degree of drinking, circumstances after the crime, etc., the sentence as ordered shall be determined, taking into account the following circumstances: (a) the defendant's time of committing the crime; (b) there was no history of punishment exceeding a fine; (c) the family and surrounding persons want to take the defendant's wife; and (d) the defendant'