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A defendant shall be punished by imprisonment for not more than ten months.
However, 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
On November 5, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court, and on December 29, 2008, issued a summary order of KRW 2 million for the same crime in the same court, and on August 30, 2013, issued a summary order of KRW 5 million for a fine of KRW 3 million for the same crime.
On October 23, 2017, at around 23:25, the Defendant driven a car with B, under the influence of alcohol content of about 50 meters from approximately 0.127% from the 50-meter section of blood alcohol to the same 46-day off the 34-distance from the 1stm-distance Mag-si, Changwon-si, Changwon-si, Changwon-si.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
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 (Confession and reflect) 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 Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for the same crime.
However, the defendant's mistake and reflects, the age, family relationship, circumstances after the crime, etc. of the defendant, including the driving distance of this case, shall be determined as per the order.