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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 a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 10, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court, and on February 3, 2012, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the same court.
Although the Defendant had had a power of driving under the influence of alcohol twice as above, on October 31, 2015, he once again driven B car under the influence of alcohol content of about 0.170% from the 8km section of alcohol to the same steel road located in front of the mouth in the mouth of the river located in the inner grmoth of the river of the same time, the Defendant driven B car with alcohol content of about 0.170% in blood.
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. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. 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 fact that the defendant had the same criminal records and two times before the sentencing of Article 62-2 of the Criminal Act on the grounds of the observation of protection and the order to attend lectures is disadvantageous, considering the favorable circumstances that the defendant has no criminal records exceeding the fine, and the defendant does not drive drinking again at this court.
The punishment as ordered shall be determined by taking into consideration the following circumstances, such as the defendant's age, sex, family environment, etc.
It is so decided as per Disposition for the above reasons.