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 April 15, 2009, the Defendant was issued a summary order of KRW 2 million due to a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on April 15, 2009, and a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on May 27, 2009.
[2] On June 7, 2017, the Defendant, who violated Article 44(1) of the Road Traffic Act twice or more, once again, driven a B knife vehicle in the section of approximately 3 km from the Do in front of a non-commercial cafeteria in the same day on the same day, while under the influence of alcohol content of around 0.101% among the blood transfusion around 22:50 on June 7, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;
1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;