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A defendant shall be punished by imprisonment for not more than ten 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 November 24, 2009, the Defendant was sentenced to a suspended sentence of one year at the Seoul Western District Court for a crime of violation of the Road Traffic Act, etc., and on January 6, 201, the Defendant was sentenced to a suspended sentence of two years at the Suwon District Court for a crime of violation of the Road Traffic Act.
On September 22, 2013, the Defendant driven B K5 car under the influence of alcohol concentration of 0.095% on the 1114th road in Songpa-gu, Songpa-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, the results of crackdown on driving under the influence of alcohol, and the statement in the circumstances of drinking drivers;
1. Previous conviction: Application of a reply to criminal records and statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that a person drives a motor vehicle under the influence of alcohol again even though there had been past records of criminal punishment due to the suspicion of drunk driving, as well as the records of the judgment of the defendant.
However, given that there are circumstances favorable to the defendant, such as the defendant's depth reflects his mistake, the sentence shall be determined as ordered in consideration of all circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, etc. in these circumstances.
It is so decided as per Disposition for the above reasons.