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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
[criminal power] On September 2, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support on July 5, 2010, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court’s net support on July 5, 201, and on May 31, 2016, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on May 31, 2016.
【Criminal Facts】
On February 8, 2019, at around 22:12, the Defendant driven a e-car under the influence of alcohol content of approximately 0.065% from the 1km section from the front of the building B to the front of the D sales outlet located in C at a leisure time.
Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crimes);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of various sentencing conditions indicated in the records and arguments of this case, such as the criminal records of the accused for sentencing and Article 62-2 of the Social Service Order, the time distance from the previous drinking driving force, the degree of blood alcohol concentration of the accused at the time of driving of this case, the occurrence of the accident, the driving distance of the accused, the reflectivity of the accused, family relations, etc., the sentence identical to the order