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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence 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 16, 201, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court, and a summary order of KRW 5 million for the same crime at the Jung-gu District Court on September 7, 2012, respectively.
On May 31, 2018, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.078% from the 5km section to the road in front of the notice of “KD Transport” located in Jin25 GS25 GJ Yeng-si, Gocheon-si, Jin-si, Gocheon-si.
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. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Article 53 and Article 55(1)3 of the Criminal Act (the fact that the alcohol content in blood is not relatively high to less than 0.1%, the reflectivity, and the fact that there is no previous conviction in excess of a fine);
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 is that the Defendant was two times before and after drinking alcohol, and the Defendant was found to have been found to have been exposed by the wind report at the time of the instant case at least 10 minutes after driving at the same time.
However, the punishment shall be determined in consideration of the fact that the blood alcohol concentration is less than 0.1%, the reflective fact, and the fact that there is no previous conviction exceeding the fine.