Text
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
Punishment of the crime
On March 28, 2011, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of 2 million won for the same crime at the same court on February 18, 2016.
On October 27, 2016, the Defendant: (a) around 23:55, around 2016, driven a car under the influence of alcohol content of approximately 20 km from the front of the mutual influent alcohol house in the Song-dong, Gwangju Mine-gu to the Yongsan-dong in the same city, and driving the car under the influence of alcohol content of about 0.167%.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The point of previous convictions in judgment: The application of inquiry letter, investigation report (the same type of force) and other Acts and subordinate statutes;
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. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.