Text
A defendant shall be punished by imprisonment for not less than eight 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 February 12, 2008, the Defendant was punished by a fine of KRW 3 million for a violation of road traffic laws (drinking driving) at the Daejeon District Court on February 12, 2008, and a fine of KRW 2 million for a violation of road traffic laws (drinking driving) at the same court on August 8, 201.
On June 25, 2017, at around 11:44, the Defendant driven a B smart coo-car with approximately 2 km alcohol content of at least 0.236% while under the influence of alcohol at the front of the apartment entrance, only three green coo-dong located in the same Gu on the street in front of the Yongsan-dong of Daejeon Sung-dong.
Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the result of regulating driving of drinking alcohol;
1. Application of the Acts and subordinate statutes stated in the investigation report (the attachment report to the same working decision);
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, the degree of alcohol content in the blood of this case, majority of the criminal records of the same kind, etc. are considered.