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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On October 15, 2010, the defendant was issued a summary order of KRW 5 million by the same court as a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court's net support on October 15, 2010, and the same court issued a fine of KRW 3 million as a crime of violating Road Traffic Act (drinking driving).
[2] On July 20, 2018, the Defendant driven a B-wing freight vehicle under the influence of alcohol content of 0.139% at approximately 200 meters in a section of 200 meters from the radio center of the 29 Safety and Health Authority prior to the same city-ro 29 Safety and Health Authority, to the front road of the same city-ro 72-1 dry Driner Park.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
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 order to determine a punishment as ordered by taking account of the defendant's records of punishment for drinking alcohol, distance between punishment records, degree of alcohol level, circumstances leading to driving alcohol, occurrence of accidents, distance and place of driving alcohol, his/her family relation, age, sexual behavior, environment, circumstances after committing a crime, etc., for the reason of sentencing under Article 62-2 of the Criminal Act;