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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 31, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch's Assistance, and on November 9, 2012, the Defendant issued a summary order of KRW 1 million for the same crime in the same court.
The Defendant is a person driving a rocketing car.
On March 13, 2013, at around 00:45, the Defendant driven the said car at a section of about 30 meters from the front of the information high school located in the same Dong with the information high school located in the same Dong, under the influence of alcohol by 0.212% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement of the status of the driver;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a copy of summary order);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the instant crime was committed again despite the previous convictions for two drinking trials, the risk of drunk driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The Defendant does not have any previous convictions exceeding the fine; the Defendant reflects the crime; and other circumstances that are the conditions for sentencing indicated in the records, such as the Defendant’s age, character and behavior, occupation and home environment, shall be taken into account