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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 sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On March 30, 2009, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, on October 7, 2010, a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on October 7, 201, and on May 27, 201, a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking) at the Seoul East District Court on May 27, 201.
[2] On March 11, 2009, August 24, 2010, and April 22, 2011, the Defendant driven a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act on at least two occasions. On March 2, 2016, the Defendant driven a BM5-car under the influence of alcohol from the 1km section to the roads front of the Saemaeul Fridong, which is located in the Guri-si, Sin-si, Sin-si, Sin-si, Sin-si, of March 2, 2016 to the roads front of the Saemaeul Fri-si, the Defendant driven a BM5-car under the influence of alcohol with a 0.084% alcohol concentration among blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the summary order of the same kind of power);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (Consideration of imprisonment and three times the same criminal records, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201; Supreme Court Decision 2009Da1489
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. An order to attend a course under Article 62-2 of the Criminal Act;