A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 14, 2014, the Defendant received a fine of KRW 1 million from the Changwon District Court as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million from the Changwon District Court on September 1, 2014 as a crime of violation of the Road Traffic Act (driving).
On May 25, 2016, at around 00:34, the Defendant driven a B rocketing car under the influence of alcohol with approximately 0.092% of blood alcohol concentration at the 2km section of approximately 2 km from the front of the Mandong-gu, Sungwon-si, Sungwon-si to the site shooting range located in the top-dong of the window of the Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine twice due to a violation of the Road Traffic Act, as stated in the facts constituting the instant crime. The fact that the blood alcohol concentration level at the time of driving the instant case is relatively high is the reason for sentencing disadvantageous to the Defendant.
However, the same sentence as the order shall be imposed in consideration of the favorable reasons for sentencing, such as the fact that the defendant does not drive under drinking again, the fact that the defendant has no record of punishment heavier than the suspension of execution, and other factors such as the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.