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The punishment of the accused shall be set forth in six months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 2, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 2, 2008. On December 27, 2010, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court’s port branch.
【Criminal Facts】
On May 11, 2019, at around 03:17, the Defendant driven a B Car while under the influence of alcohol alcohol level of about 0.156% at the section of approximately 1.5km from the front of the bus terminal located in Nam-gu, Chungcheongnam-gu, Nam-gu, Seoul, to the interesting distance located in 709 for the Posicheon-gu, North Korean at the port.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous convictions: Application of criminal records and summary order 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) (Article 148-2 (1) 1 and Article 44 (1) of the same Act (amended by Act No. 16037, Dec. 24, 2018) that has been punished by a fine for driving under the influence of alcohol and driving without license prior to the instant case
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1));
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (It shall be taken into account the reason for discretionary mitigation and the fact that there is no past record of punishment heavier than that of probation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;