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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 6, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Chuncheon District Court, and a summary order of KRW 2.5 million for the same crime at the Changwon District Court on March 21, 2016, respectively.
On March 6, 2018, at around 00:40, the Defendant driven a B car under the influence of alcohol content of about 0.059% in the section of approximately 3.5m alcohol content from the 3.5m to the front road of the Changwon-si Magu, Changwon-si, Seoul Special Metropolitan City, and located in the middle-ri Station of the Eup to the 1-lane of the Changwon-si, Changwon-si, Seoul Special Metropolitan City, the Defendant driven the B car under the influence of alcohol content of the blood.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
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 conviction: Application of a written inquiry and a summary order of the same electric power;
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. 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. Although Article 62-2 of the Criminal Code of the Order to Attend a lecture has the same force on the grounds of sentencing, the sentence as the order shall be determined by taking into account the following factors: (a) the defendant's age and drinking level are relatively low; (b) the motive and circumstances of the crime; and (c) the motive and history of the crime.