Text
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
Punishment of the crime
On October 14, 2010, the Defendant issued a summary order of KRW 7 million to a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on November 6, 201, and the said summary order became final and conclusive on November 6, 201. On April 5, 201, the Defendant was sentenced to a fine of KRW 2.5 million by the same court on April 13, 201, and was sentenced to a violation of Article 44(1) of the Road Traffic Act on at least two occasions, such as the said judgment becomes final and conclusive.
On February 2, 2017, around 01:10, the Defendant driven a B rocketing car under the influence of alcohol content of 0.074% from the front of a cafeteria in the alley-dong in Gwangju-gu to the front of a Shabro cafeteria-ro 319, which is located in 319 of the same Gu, around 500 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The point of previous convictions: The application of a reply to inquiry, such as criminal history, and a copy of an investigation report (Attachment of the judgement);
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. Comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the fact that there was a history of two times punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, a large number of traffic offenders, a large number of traffic offenders, alcohol concentration during blood transfusion, driving distance, and other defendant's age, sex, sex, environment, circumstances of crimes, and circumstances after crimes, etc., the punishment as set forth in the text of this case shall be determined.