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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
Criminal facts
On June 28, 2010, the Defendant was issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on the summary order on September 13, 2010, a fine of KRW 3.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on September 13, 201, respectively. On December 27, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act.
On February 28, 2018, at around 23:50, the Defendant driven a B-hurbh motor vehicle under the influence of alcohol concentration of approximately 0.068% in a 200-meter section from the 200-meter section to the front road of the C-hurg in the Kimhae-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the records and arguments, including criminal records and arguments