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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 March 26, 2008, the Defendant received a summary order of KRW 3 million from a fine for a violation of road traffic law (drinking driving), etc. on the grounds of the violation of the Road Traffic Act (drinking), on December 27, 2010, a fine of KRW 3.5 million, and on February 25, 2014, the Defendant received a summary order of KRW 5 million from the Gwangju District Court’s Netcheon Branch Branch for the same crime, respectively.
On March 28, 2018, the Defendant driven C rocketing car under the influence of alcohol content of approximately 0.146% from the section of about 5 km from the front of a mutually influent restaurant in the death log, to the front of the Sungsan Park in the same city cremation, in a state of under the influence of alcohol content of around 0.146%.
As a result, the Defendant once driven a motor vehicle in a drunken state even though the Defendant had a record of violating drinking regulations more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of a reply to inquiry, such as criminal history, and a copy of a 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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the Defendant’s age, sexual intercourse, family relationship, environment, circumstances after and result of the crime, etc.: (a) the fact that there is no previous conviction other than the previous conviction of the same kind of fine for the reason of sentencing under Article 62-2 of the Social Service Order Act; and (b) the Defendant’s age, sex, family relationship