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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 May 19, 2008, the Defendant issued a summary order of a fine of KRW 2 million on the grounds of the violation of road traffic law (drinking driving), and on September 26, 2008, a summary order of KRW 4 million on the grounds of the violation of road traffic law (drinking driving) in the Goyang Branch Branch of the Jung-gu District Court on March 19, 2008, respectively.
On August 10, 2018, the Defendant driven approximately 1 km from the front day of the windowdy by the 55th-ro, Mapo-gu, Seoul, by the mutual influence of 0.228% alcohol during blood alcohol during the influence of around 05:38, the Defendant driven approximately 1 km from the front day of the windowdy by the 55th-ro, Mapo-gu, Seoul to the front day of the 45 Mluxa-ro.
Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver at home;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;
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. A favorable condition for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order: The fact that there is no history of punishment heavier than a fine due to the same kind of crime, recognition of errors and reflects the fact that the blood alcohol concentration is high at the time of the instant case: All of the sentencing conditions specified in the records and changes theory, such as the Defendant’s age, sexual behavior, family relationship, and circumstances before and after the instant crime;