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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 July 13, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) with the support of the Daegu District Court Kimcheon on July 13, 2010, and KRW 4 million for the same crime from the Jung-gu District Court Goyang Branch on December 18, 2015.
On November 24, 2015, the Defendant driven a B gender car while under the influence of alcohol content of about 500 meters from the front of the Gidong Village to Lel Crodi, at around 23:05 on November 24, 2015, while under the influence of alcohol content of about 0.121%.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of a driver driving a drinking and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquiries, such as details of inquiries about management of initial reports, criminal history, etc., and notification of inquiries, investigation reports (prior convictions and confirmations of the same type);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s reflectivity, alcohol level, the record of the crime indicated in the judgment, the fact that there was no record of punishment exceeding the fine, and the fact that there was no record of punishment exceeding the fine, the circumstances and contents of the crime, the Defendant’s age, sex, environment, occupation and income, family relationship, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the circumstances after the crime.