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A defendant shall be punished by imprisonment for not less than eight 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 July 28, 2011, the defendant was sentenced to a fine of 1.5 million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act in the Busan District Court's branch court's support on July 28, 201. On January 11, 2013, the defendant was charged with a violation of the Road Traffic Act (driving) at the Busan Coast Guard's Busan Coast Guard, and was charged with a summary charge for a violation of the Road Traffic Act (driving) in the Busan District Court's branch court's support on January 16, 2013.
On January 15, 2013, at around 09:55, the Defendant driven B 5 vehicles under the influence of alcohol with approximately 2 km from the front of the car page where it is impossible to identify the trade name located in the Mau-dong, Busan, Busan, to the front day of the Dongbu-dong, which is located in the same Dong-dong, to the Dong-dong, with the alcohol concentration of about 0.239%.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of the same attached records);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201; Supreme Court Decision 201Do1148
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It shall be decided as ordered for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;