Text
A defendant shall be punished by imprisonment for not more than ten 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 January 27, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on January 27, 201, and a summary order of KRW 3 million with the same crime at the same court on November 13, 2014, respectively.
On July 15, 2017, the Defendant driven a Cpoter II truck with approximately 0.149% alcohol concentration in blood on a section of about 1km from the front side of the Kaf-ro in this Pyeong-gun, Dongwon-gun, Dongwon-gun around 23:43 to the front side of the Pyeong Sea State located in 205 of the same Eup.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of drinking control;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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 community service order under Article 62-2 of the Criminal Act;