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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 12, 2011, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and on January 2, 2015, a fine of KRW 1.5 million for a crime of violating the Road Traffic Act.
On June 12, 2017, around 03:15, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately 10k alcohol content 0.131% from a section of approximately 10km from the front of the mutual influence store located in the school of the city of Busan to the front of the entrance of the computer village located in the father-dong in Kimhae-si, Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of suspected victims of violating traffic laws on roads;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the 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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (i.e., that the Defendant has committed a crime in depth and thus would not repeat the crime in the future; (ii) there is no traffic accident at the time of the instant crime; and (iii) there is no criminal record other than the judgment)
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. An order to attend a course under Article 62-2 of the Criminal Act;