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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
[criminal power] On November 11, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s territorial branch on July 3, 2012, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On August 16, 2014, when the Defendant had driven two or more occasions, the Defendant driven the B-wing truck under the influence of alcohol with a blood alcohol concentration of 0.129% from the 1km section from the Do of the permanent residence in the temporary permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent residence to the beckpphost oil station in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written reports on running a driver;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant has had the record of the same kind of crime several times, and the punishment for such crime cannot be deemed to be less light.
However, in consideration of all the conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant's mistake is recognized and again does not prevent recidivism, the punishment was determined and the suspended execution was selected.