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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On April 27, 2007, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Changwon District Court on April 27, 2007, and on April 18, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime in the same court.
On December 2, 2013, the Defendant, while under the influence of alcohol around 20:0, driven a DM7 car from approximately 15 km away from the front of a cafeteria located in the middle in the Chang Sea-gu, Changwon-si to the front of the Kimhae-si apartment, in a state of alcohol alcohol concentration of 0.176%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (a copy of summary order, etc.);
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;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. An order to attend a lecture under Article 62-2(1) of the Criminal Act that has been punished several times due to driving under drinking alcohol for the reason of sentencing under Article 62-2(1) of the Criminal Act is not to be less and less criminal liability for such crime.
However, the fact that the driving of this case does not cause traffic accidents, etc. is considered as favorable circumstances, and the punishment as ordered shall be determined in consideration of all the circumstances which are conditions for sentencing, such as the character, conduct and environment of the defendant.