Text
A defendant shall be punished by imprisonment for six months.
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 history] On February 13, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on March 31, 2009, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on April 11, 201, the above court received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).
[2] On October 30, 2017, the Defendant driven a vehicle with 500 meters hump from the 500m section to the front road of the driver’s industrial company in front of the 882-day Eup/Myeon located in the south Eup/Myeon, in the state of alcohol concentration of 0.064% in alcohol among blood transfusion around 21:10 on October 30, 2017.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 stay of execution ( comprehensively considering the criminal records of the defendant, the concentration of alcohol in the blood transfusion of a drunk driving, etc.);
1. The community service order under Article 62-2 of the Criminal Act;