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A defendant shall be punished by imprisonment for up to seven 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 October 15, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Branch on the Incheon District Court’s Branch on October 15, 2012, and was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on October 6, 2016.
【Criminal Facts】
On November 5, 2018, at around 23:58, the Defendant driven a DNA-learning car at approximately 2 km from the street above the fourth four-distance from Daejeon Sung-gu to the front of the restaurant located in Daejeon Seosung-gu B, with a blood alcohol concentration of 0.139%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of the control of drinking driving;
1. A report on the actual state of the driver;
1. Each report on investigation;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of running a sound driving 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. In light of the fact that the defendant committed the crime of this case again even though he had the records of punishment twice for the same crime, the crime of this case was committed even though the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lecture had the records of punishment, and the degree of the crime of this case is considerably high in light of the circumstances before and after the crime of this case, the defendant's liability for the crime of this case is unlimited, but the defendant's confession is against the defendant, and the defendant has no criminal record other