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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 16, 2008, the Defendant issued a summary order of KRW 500,000,000 as a fine for the same crime at the Seoul Northern District Court on May 16, 200, as a crime of violating the Road Traffic Act (driving), and on January 11, 2010, as a fine at the Seoul Central District Court.
On May 18, 2016, the Defendant driven a vehicle B, under the influence of alcohol leveling of about 0.060% from approximately 2 km to the front road of the elementary school of the same Gu, Seoyang-gu, Seoyang-dong, Seoyang-gu, Seodong, Seoyang-gu, 00:01 the next day, at around 00:01.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;
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. In full view of the following factors: (a) the Defendant’s confession, alcohol level, the record of punishment for traffic crimes (two times of drinking driving, and one time of unlicensed driving), the temporal gap between the immediately preceding detection work, and the fact that there was no history of punishment exceeding the fine; (b) the Defendant’s age, sex, sex, environment, occupation and experience, family relationship, details of the crime, and circumstances after the crime, etc., the punishment is determined as ordered by the order.