A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 14, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on September 14, 2009, and issued a summary order of KRW 3.5 million for the same crime in the same court on December 26, 2014.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 13:50 on May 19, 2019, the Defendant driven a D low-priced car while under the influence of alcohol leveling 0.096% at approximately 2.5km from the front of the outgoing Station at the Namyang-si, a company located in the same Dori-si B from the Do to the front road in front of the Dori-si, Dori-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.096%, driven a car at approximately 2.5 km.

The defendant has been punished as a crime of violation of the Road Traffic Act (driving) after the lapse of 2009 and around 2014, and there are many other criminal records.

다만 피고인이 ‘이 사건 전날 음주하였고 오후에 이르러 술이 모두 깼다고 생각하였다‘고 변소하고 있는 점을 참작하고, 이러한 피고인의 혈중알콜농도 수치, 운전한 거리, 종전 처벌전력의 내용...