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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 2, 2009, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 200,000 for a violation of the Road Traffic Act. On October 21, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Ulsan District Court.
On January 18, 2019, at around 19:08, the Defendant driven DK 7 vehicles under the influence of alcohol content of approximately 0.076% in a section of about 500 meters from the back side of the Nam-gu, Ulsan-gu to the front road of the C apartment located in Ulsan-gu.
Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven the above K7 vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;
1. Relevant 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 for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the sentence of Article 62-2 of the Criminal Act was imposed due to the defendant's drinking driving for the reason of sentencing under Article 62-2 of the Order to Attend the Criminal Act, it again leads to the crime of this case. On the other hand, it is said that the defendant will not repeat the crime of this case after committing the crime. The recently, the degree of drinking prior to the crime of this case is relatively minor, and the punishment of the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc. as stated in the records are determined by comprehensively considering the following factors: the execution of the sentence is suspended,