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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 9, 2007, the Defendant was issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on November 17, 2007, and such summary order became final and conclusive on November 17, 200 of the same year, and on May 14, 2008, the Defendant was sentenced to a fine of KRW 4,00,000 by the same court as a crime of violation of the Road Traffic Act.
5. 22. The judgment becomes final and conclusive, and on July 31, 2009, a summary order of KRW 5,000,000 has been issued by the same court due to a violation of the Road Traffic Act.
8. 13. The summary order has become final and conclusive, and on December 29, 2009, the same court has been sentenced to the three-year suspended sentence in April 28, 2010, which became final and conclusive on April 28, 201, due to a violation of the Road Traffic Act.
On May 23, 2012, at around 23:25, the Defendant driven CYFison-type car from approximately 30 meters to the front road of the monither in the same Dong from the shock telecomel in the Daegu Suwon-dong, while under the influence of alcohol by 0.125% of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Reports on detection of suspects in violation of the Road Traffic Act, and circumstantial statements of the drivers;
1. Previous records of judgment: Application of inquiry reports and investigation reports by prosecutors (verification of the past records of the same type crime and the fixed date of the suspended execution judgment) including criminal records;
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;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as stated in the first head of the judgment of the defendant, including the past record of a suspended sentence of imprisonment for a drunk driving, which was punished five times in total due to a drunk driving, etc. In particular, the crime of this case was committed despite the fact that the defendant committed the crime of this case in spite of a suspended sentence due to a violation of the Road Traffic Act (driving), and the defendant's blood alcohol concentration at the time of this case is low.