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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 May 2, 2016, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on July 27, 2016, respectively.
On October 15, 2017, around 05:40, the Defendant driven a car as B folb while under the influence of alcohol content of approximately 0.078% from the side road located in the Busan-gu Busan-dong to the front road of the “global loan mileage” located in 734 as the same Dong-dong from the side road to the same Dong-dong.
As a result, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driven in a drunken state.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);
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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed a second offense even though he/she had a record of being sentenced to a fine on two occasions due to drinking driving in 2016.
However, the defendant is against the defendant, and there is no previous conviction except for the above two-time fines, and the accident caused by drinking driving has not occurred.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the records and arguments, such as drinking figures, the age of the defendant, sexual conduct, environment, details and motive of the crime, circumstances after the crime, etc.