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A defendant shall be punished by imprisonment with prison labor for up to six 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 August 6, 2008, the Defendant was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act (drinking driving) in the Suwon District Court on August 6, 2008, and the Defendant was sentenced to a summary order of KRW 700,000 for the same crime in the same court on October 7, 2008, and was sentenced to a summary order of KRW 700,000 for the same crime at least twice.
Nevertheless, on March 7, 2018, the Defendant driven a B-car under the influence of alcohol level of about 0.146% at the 5km section from the road near Pyeongtaek-dong, Pyeongtaek-si to the road under the direction of the Yan-si, the outer groid of which is on the Yan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.
- There is a record of being punished several times for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - there is no record of criminal punishment exceeding a fine. - The defendant is against his own mistake.