Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On October 19, 2007, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on October 19, 2007. On October 14, 2008, the Defendant was sentenced to a suspended sentence of two or more times by imprisonment with prison labor for the same crime in the same court.
[2] On August 21, 2017, the Defendant driven B K5 vehicle under the influence of alcohol with approximately 100 meters alcohol concentration 0.072% from the 100-meter section to the front of the same city square, which is located in the city of Suwon-gu, Daegu Metropolitan City (Seoul Metropolitan City) on August 21, 2017
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Partial statement of the defendant;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, text of judgment, and summary order-making statute;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
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. The number of reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture was punished for the same kind of crime and the time of such punishment (no record of the same kind of crime after October 2008), and the amount of alcohol content among the blood transfusion at the time of driving the drinking of this case, and other reasons indicated in the pleadings of this case, such as the defendant's age, sex, criminal conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.