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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
Criminal facts
【Criminal Records of Crimes】 On July 16, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on July 16, 2009, and a fine of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court on April 23, 2014.
【Aggravated June 7, 2018, the Defendant driven a body vehicle B in the state of alcohol with approximately 500 meters alcohol concentration of about 0.104% from the section of 50 meters to the front road of the “Yansan-gun, Ulsan-gun, Ulsan-gun,” located in Ulsan-gun, the entrance of the “Yansan-gun,” located in Ulsan-gun, Seoul-do.
Accordingly, even though the Defendant was punished on more than two occasions as a crime of violating the Road Traffic Act (drinking), the Defendant driven the above vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;
1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;
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 suspended execution;
1. In addition to the criminal records as indicated in the judgment of the Defendant, the fact that there is a high amount of alcohol concentration during the sentencing period of Article 62-2 of the Criminal Act, the fact that the Defendant has been sentenced to a fine of 5 times in total prior to 1998, and that the Defendant reflects the error, etc.