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
[criminal history] On April 13, 201, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 2 million for the same crime in the same court on May 3, 2011, and a summary order of KRW 5 million for a fine of KRW 2 million for the same crime on July 21, 201, from the Gangnam Branch Branch of the Chuncheon District Court on July 21, 201, respectively.
[2] On August 23, 2017, Defendant 1, who violated the provision on prohibition of driving under the influence of alcohol twice or more, was driving BM520 automobiles under the influence of alcohol at approximately 0.07% in the section of about 300 meters of alcohol from the 300 meters away from the road before the port of Gangseo-gu, Gangseo-gu, Seoul Special Metropolitan City, to the shore of the same Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the selection of a punishment for a crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 of the same Act shall apply to the cases where there are no other force except the three-time criminal records, there
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;