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A defendant shall be punished by imprisonment for not more than ten 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
The Defendant, at the Seoul Northern District Court on August 7, 2009, was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving), and on June 22, 2007, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) at the same court on June 22, 2007, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on at least two occasions.
On September 4, 2017, at around 23:30, the Defendant driven the B-learning car volume from around 2km to around 30 50 km-ro, Seongbuk-gu, Seoul, with alcohol content of 0.183% while under the influence of alcohol from around 2km-ro, Seongbuk-gu, Seoul, to around 50 50 km-ro, Seongbuk-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Report on internal investigation (written response to a request for appraisal with a State);
1. A report on the detection of a primary driver;
1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment of judgment on driving alcohol and reporting thereon) statute;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service had been served several times of punishment due to drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but again led to the instant crime, and the violation