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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 December 19, 2008, the Defendant was issued a summary order of KRW 3 million with fines of KRW 1.5 million with fines of KRW 1.5 million with respect to the crimes of violation of road traffic laws (drinking) at the Seocho District Court in Seoul Western District Court on April 26, 2010.
On November 30, 2015, the Defendant driven a b bargaining car with a distance of approximately one kilometer from the front of the 5th village to the front of the 4rd village of the same year, the Defendant, at around 06:30 on November 30, 2015, while drinking alcohol concentration of about 0.070% during blood.
Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A circumstantial report on drivers of drinking alcohol and a written inquiry about the results of regulating drinking alcohol driving;
1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) 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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s reflectivity, degree of alcohol content, the fact that there was no accident, the record of punishment for drinking alcohol driving (three times), the time gap between the immediately preceding detection work and the fact that there is no record of punishment exceeding the fine, the circumstances and contents of the crime, the Defendant’s age, sex, environment, occupation and income, family relationship, etc., the punishment is determined as ordered by the Disposition.