Text
A defendant shall be punished by imprisonment for 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
[criminal history] The defendant was issued a summary order of 1.5 million won by the Jung-gu District Court on January 9, 2015 to a fine for a violation of road traffic laws (drinking driving), etc. at the Seoul Northern District Court on January 5, 2017, and a fine of 1.5 million won for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court on January 5, 2017.
[Criminal facts] On December 16, 2017, the Defendant driven a 100-hour B rocketing car at approximately 100 meters prior to the 17th road of 265-gil, as it was under the influence of alcohol content at 0.085% during blood transfusion, on the front of the fluenc road in Bupyeong-si, Seocheon-si.
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 crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);
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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be taken into consideration under the circumstances unfavorable to the defendant, such as the fact that the defendant is able to have a record of identical drinking, and the punishment as ordered shall be determined in consideration of all the circumstances, such as the fact that the defendant reflects his/her sexuality, alcohol concentration