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A defendant shall be punished by imprisonment for not more than ten 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 February 21, 2014, the Defendant received a summary order of KRW 3,50,000 from the Jung-gu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million from the same court on September 25, 2009 to a fine for the same crime.
On September 28, 2016, around 22:50, the Defendant driven a B film car with approximately 3 km alcohol concentration of approximately 0.127% while under the influence of alcohol content, from around 44 minutes to the road near the street in the Dong-dong in the same Gu-dong, Seo-gu, Sungnam-gu, Sungnam-si.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;
1. Each traffic accident report;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the defendant’s age, occupation, character and conduct, environment, and all the conditions of sentencing recorded in the records, such as before and after the instant crime, shall be determined by taking into account the following circumstances.
In other words, there is no record of punishment exceeding fines, which is against the fact that it is not likely to repeat a crime, and there is no record of punishment exceeding the fine. It is also running under the influence of drinking even after being sentenced to fines twice for the same crime.
It is deemed difficult to prevent recidivism by a fine, such as causing a traffic accident.