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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
On October 11, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on December 24, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime from the Gwangju District Court's Netcheon Branch on December 24, 2013, respectively, and was punished for violating Article 44 (1) of the Road Traffic Act on more than two occasions.
On May 27, 2019, at around 20:00, the Defendant driven an Eststren vehicle under the influence of alcohol concentration of about 0.160% from the 2.4km section from the front of the “C” restaurant in Mineyang-si B to the front of D around that time.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act: The defendant's criminal records (the existence and frequency of the same kind of force, the time interval with the same kind of force, etc.), the nature of the crime of this case, the degree of the defendant's blood alcohol concentration at the time of driving of this case, the circumstances leading to the crime of this case, the circumstances after the crime, the defendant's reflectivity, family relations, etc. shall be comprehensively taken into account and the various sentencing conditions specified in the records and arguments of this case.
It is so decided as per Disposition for the above reasons.