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A defendant shall be punished by imprisonment for one year.
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
[criminal record] On August 1, 2008, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on August 1, 2008, and on September 26, 2008, the Defendant was issued a summary order of three million won for the same crime by the same court.
[Criminal facts] On September 24, 2018, the Defendant driven B-low-income vehicle under the influence of alcohol content of about 0.181% at a distance of about 50 meters from the 50m to the front road in the Nam-gu, Ulsan-gu, Ulsan-do, Ulsan-do, where the trade name and interest car was in the same Dong-dong, regardless of the truth in the same Dong-dong.
As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is three times the total of the reasons for sentencing, but the punishment is heavier than that of the crime by committing the crime under the influence of drinking again.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the fact that the last drinking driver's previous conviction has passed ten years, the reflective fact, and the defendant's age and environment.