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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 June 10, 2008, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of road traffic laws in the Daegu District Court Kimcheon-cheon, which was issued by the same court on January 21, 2009, as a fine of KRW 1.5 million as a crime of violation of road traffic laws (driving), and on May 15, 2012, the same court issued a summary order of KRW 4 million as a fine of KRW 1.5 million as a crime of violation of road traffic laws.
[2] Although Defendant 1 had a alcohol driving force twice or more as above, Defendant 2 driven a car at C with a alcohol level of about 0.291% from the 200m section of the 200m water line to the singingingular road located in the Gu-U.S. Geum-dong gold Market on August 16, 2018, at around 13:25, to the 85 Gu-U.S. Do-U. S. Do-ro, Defendant 2 driven a car at C under the influence of alcohol level from the 200m section of the 200m water line to the singular road.
Summary of Evidence
1. Statement by the defendant in court;
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, and a summary order, respectively;
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 for mitigation of amount of punishment (including the fact that the defendant is against his/her will and that he/she has no record of criminal punishment exceeding a fine, etc.);
1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;