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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 11, 2008, the defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act at the Changwon District Court on February 11, 2008, and on August 27, 2013, the Changwon District Court issued a summary order of two million won for the crime of violating the Road Traffic Act.
On December 1, 2018, the Defendant, as a person with two or more drinking skills as above, driven a Dhump motor vehicle in the state of alcohol alcohol concentration of approximately 500 meters on the front of the Busan Gangseo-gu Busan Gangseo-gu, while under the influence of alcohol concentration of about 0.101% on the roads in front of the vinyl city located in Kimhae-si B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime, and determining the sentence as ordered by taking account of the following circumstances.
D. Unfavorable circumstances: The Defendant committed the instant crime without being aware of the past records of punishment four times due to drinking driving (a period of five years after the punishment was completed). The blood alcohol concentration (0.101%) is high.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.
There is no record of punishment exceeding a fine for the same crime.