Text
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal history] On September 2, 2009, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and on May 24, 2012, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions under the Road Traffic Act by receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act.
[2] On December 4, 2016, the Defendant driven a BM7 car with approximately 300 meters from the front side of the Jeju-gu Busan-gu Yandong-ro, Busan-gu, to the front side of the same international white apartment, while under the influence of alcohol content 0.12% in alcohol during blood transfusion around 06:28, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).
4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.