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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 19, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on February 8, 2017.
On March 17, 2017, at around 22:00, the Defendant driven a Crentop car with alcohol level of about 200 meters from the front day of the Red-gu soup “Saro,” which is located in the Maro cancer at the same time, to the front day of the “Saro-gu,” which is located in the same city-style rock.
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. Inquiries about the results of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to investigation reports (to file a copy of the summary order in the same case);
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 suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend lectures had already been punished several times due to the crime of drinking driving, and the fact that the Defendant committed the instant crime during the appellate trial of the case for which the suspension of the execution of imprisonment was sentenced due to the crime of this type, etc. On the other hand, the Defendant recognized and reflected the instant crime, and the fact that the alcohol content in blood is not the higher one at the time of the said crime, respectively, shall be considered as favorable circumstances