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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
Criminal facts
【Criminal Records of Crimes】 On June 2, 2009, the Defendant was sentenced to a fine of 2 million won for a violation of road traffic laws (drinking driving) at the Ulsan District Court on June 2, 2009, a fine of 2.5 million won for the same crime at the same court on June 7, 2010, and a fine of 6 million won for the same crime at the same court on August 8, 2013.
【The Defendant driven a BS-type car under the influence of alcohol content of about 0.170% at a distance of about 300 meters to the front road of the Seoul Western-gun, Ulsan-gun, a Ulsan-gun, on October 7, 2017, in front of the “Seoul BS-gun, Ulsan-gun,” located on the same side.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on driving of alcohol, report on the situation of the driver in charge, response to requests for appraisal, and report on the detection of the driver in charge of driving alcohol (blood collection results);
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of driving the same kind of drinking);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture was punished for three-way driving under the influence of alcohol immediately before, and the fact that the defendant is the 4th drinking driver at the same time as the second 3-year driving under the influence of alcohol, and that the amount of alcohol concentration in blood is high: Provided, That the distance of the defendant's driving under the influence of alcohol is not driving nor the distance of the defendant's driving under the influence of alcohol and it reflects wrongness, etc.