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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 May 25, 2007, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on April 18, 2008, a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the same support on April 18, 2008, and a fine of KRW 2 million from the Gwangju District Court as a crime of violation of the Road Traffic Act (driving) on April 21, 2011, respectively.
On May 12, 2014, at around 21:40, the Defendant driven B-low-income cars with approximately KRW 500 meters alcohol content 0.089% under the influence of alcohol without a vehicle driver’s license from the front of the Dandong-gu Dandong, Young-gun, Youngnam-gun to the front of the Dandong Dondong-gun, Youngnam-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation are as follows: (a) the Defendant acknowledges and reflects his mistake; (b) the blood alcohol concentration is not high; (c) the Defendant has no history of criminal punishment exceeding a fine; (d) the Defendant’s age, character and conduct, family relationship, etc. are subject to discretionary mitigation of the sentence against the Defendant; and (e) the enforcement thereof is suspended on condition of probation.