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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 14, 2010, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating road traffic law (drinking) at the Suwon District Court's House on May 14, 201, and a fine of KRW 7 million was issued by the same court on November 19, 2010, and was punished twice or more as a crime of violating road traffic law (drinking).
On May 11, 2018, the Defendant driven a Bkn vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.113% from a 500-meter section around the opening road located in the Gansan-dong in the Sinsan-dong in the Sinsan-si Si of Gyeonggi-do to the Gan-dong in the same Sincheon-dong.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of an inquiry letter, such as criminal history, an inquiry report (verification of driving force of the same kind of drinking alcohol) and statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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. Articles 62-2(1) and 62-2(2) of the Criminal Act of the Order to Attend shall be sentenced to imprisonment for the reason that the defendant is punished by a fine due to drinking driving, etc., but again, he/she is sentenced to imprisonment in that he/she drives the drinking of this case; however, the execution of the order shall be suspended and the incidental disposition shall be imposed in consideration of the fact that the defendant