Text
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
[criminal history] The defendant was sentenced to a fine of KRW 4 million on May 30, 2008 to a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on May 30, 2008, and the defendant was sentenced to a suspended sentence of two years on June 11, 201 for the same crime.
[2] On April 20, 2017, the Defendant was driving a mixed fish code car under the influence of alcohol concentration of about 0.088% in a section of approximately 300 meters in the middle of a 300-meter distance from the front of the “Japan MBC D Forest Center” road at the Goyang-gu, Yongsan-gu, Busan, and the front of the 606-month “sea with the same lake.”
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da13
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;