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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 10, 201, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (drinking) from the Changwon District Court’s branch on February 10, 201, and KRW 5 million due to the same crime in the same support on July 9, 2013, respectively.
Although the Defendant was punished for driving alcohol twice or more as above, on March 25, 2016, the Defendant driven a B-be under the influence of alcohol content of approximately 0.085% in the direction of alcohol level from the front of the sampling building to the front of the Hanwon road in the same side, located in the 03:20 dypary cell road at a large dyp on March 25, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Notification of the result of crackdown on driving alcohol;
1. Statement of the circumstances of the driver involved in driving;
1. Blue boxes and video CDs;
1. Each report on investigation;
1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;
1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment against the defendant is determined by taking account of the defendant’s blood alcohol concentration, numerical value, driving background, distance, the records of punishment for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, sex behavior, environment, and circumstances after the crime, and the risk of recidivism, surveillance, and order to attend lectures as a result of reflection of reflect on the degree of recidivism.