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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
[criminal power] On August 27, 2009, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court on August 27, 2009, and a summary order of KRW 1,50,000 as a fine for the same crime in the above court on February 12, 2016.
【Criminal Facts】
On September 3, 2016, the Defendant, while under the influence of alcohol of 0.164% of blood alcohol concentration on September 3, 2016, driven CN-si car at approximately approximately 200 meters from the vicinity of Sasan apartment to the front side of the same Pungsan apartment.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of blood alcohol, a report on detection of a drinking driver, and an inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal history records, and a copy of each summary order;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration given in favor of the defendant, such as the fact that the defendant is against his gender);
1. In full view of all the factors of sentencing as indicated in the records and arguments of this case including the Defendant’s age, family relation, character and conduct, circumstances after the crime, etc., for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances, such as the fact that the Defendant is against the Defendant), the records and arguments of this case including the Defendant’s age, family relation, character and conduct, circumstances after the crime