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A defendant shall be punished by imprisonment for six 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
Punishment of the crime
On October 29, 2008, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on the violation of the Road Traffic Act, and on November 3, 2008, the Defendant received a summary order of two million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on November 3, 2008.
On December 11, 2016, at around 23:00, the Defendant driven a B-A4 car under the influence of alcohol concentration of approximately 0.078% in a 200-meter radius from the fluoron road of the same Sin-dong, B-A4 car in a state of under the influence of alcohol concentration of approximately 0.078% in front of the 9 complex of the same Sin-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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 Code of the Social Service Order was that the Defendant had a history of drinking alcohol driving at least twice, but was driving at once without any special reason.
However, the defendant's drinking value is relatively high, and the attitude of reflecting the crime in this case is shown.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.