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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 April 13, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 10, 2010, a summary order of KRW 3,500,000 with a fine of KRW 3,50,000,000 with a site of Suwon District Court due to a violation of the Road Traffic Act.
On June 27, 2013, at around 01:05, the Defendant driven C Atop car within approximately 10km from the front of the Defendant’s residence in Ssung-si B, in a state of under the influence of alcohol of 0.11% of blood alcohol level, to the front of Pyeongtaek-dong, Young-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and notification of the results of
1. Inquiry into the enemy;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant, for the reason of sentencing of Article 62-2 of the Criminal Act, committed the above crime again despite the fact that he/she had been already punished several times due to drinking driving, etc., the punishment for such crime is not somewhat weak.
However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, etc., including the fact that the defendant is against the recognition of the crime, and the defendant has no criminal record exceeding the fine, and a suspended sentence shall be imposed on the condition that probation and the order