beta
Text
A defendant shall be punished by imprisonment with prison labor for up to 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
[2] On March 12, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on March 12, 2008, and a summary order of KRW 2 million as a fine in the same court on January 29, 2013.
[Criminal facts] On July 30, 2017, the Defendant driven three cargo vehicles with DNA 0.093% alcohol level from the road in front of the Defendant’s residence in Jeju-si around July 30, 2017 to the road in front of the City-si, Jeju-si, with soil set forth in 192 in Jeju-si, Jeju-si, to the road in front of the City-si, while under the influence of alcohol leveling from approximately 6km to 0.093%.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (attached to a summary order of the same kind of power);
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 to mitigate small quantities (i.e., reflective facts, the fact that there is no criminal history exceeding the fine, and the fact that the blood alcohol concentration is not relatively high);
1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);
1. An order to attend a course under Article 62-2 of the Criminal Act;