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The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 26, 2012, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 26, 201, and the same court issued a summary order of KRW 700,000 for a crime of violating the Road Traffic Act (driving) on January 9, 209.
[Criminal facts] On July 19, 2017, the Defendant driven a D car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.086% from the 20m section to the front road of the entrance of the macker market located in the Nam-gu Seoul Metropolitan City, Nam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;
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. 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 (The following factors shall be considered as favorable to the punishment):
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant sells a vehicle and does not repeat a crime.
Since 2012, the defendant has lived faithfully without criminal records.
D. Unfavorable circumstances: The defendant is not guilty of repeatedly committing the crime of this case even though he had been punished three times due to drinking driving.
Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.