Text
A defendant shall be punished by imprisonment for six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 27, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court). On September 7, 2016, the Defendant was issued a summary order of KRW 7 million for the same crime, etc.
On December 30, 2017, the Defendant driven a B 130 car under the influence of alcohol content of about 2km from around 01:40 on the same day to the luminous intersection road located in 53 square meters in light length at around 01:40 on the same day from the public parking lot near the iron mountain ginseng located in light view.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same type of force), and statutes;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures are as follows: (a) although the Defendant was prior to a criminal conviction of a fine of KRW 7 million for the crime of causing an injury to traffic accidents due to drinking alcohol in 2016, he/she had been sentenced to a summary order of KRW 7 million for about one year, he/she again gets to drive alcohol in the instant case only once a year; (b) the alcohol concentration level in blood is 0.148%; (c) the Defendant’s age, sexual behavior, environment, etc. are high; and (d) various sentencing factors are considered.