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A defendant shall be punished by imprisonment for 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
On June 15, 2005, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving), and on February 21, 2007, the Seoul Central District Court issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving), and on November 6, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving), and on September 27, 2012, the Seoul Northern District Court issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court.
On May 19, 2018, around 22:51, the Defendant driven B Mart car at approximately 700 meters in alcohol while under the influence of alcohol with a maximum of 0.063% alcohol concentration on the road of Seongdong-gu Seoul Metropolitan Government 1, 648-17 prior to 667, as the former Act on the Road of 1, 2018.
Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, the sentence as ordered shall be determined as above.
The fact that the defendant committed the crime of this case even though he had the same kind of conference, is punished as a crime of violation of the Road Traffic Act (drinking driving) in 2012, and is against it.