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A defendant shall be punished by imprisonment with prison labor for up to 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 27, 2010, the Defendant received a summary order of KRW 2 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and KRW 4 million from the same court on September 7, 2012 to a fine for the same crime.
On July 2, 2016, at around 04:25, the Defendant driven a B SP car at the section of about 500 meters from the Doto the Dotoppology near the Do to the Dotopology in the Dotopology in the Dotopian-si, Jeonju-si, the Defendant was under the influence of alcohol by 0.164% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Voluntary report of traffic;
1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and the ledger of usage of a drinking measuring instrument;
1. Vehicles and on-site photographs;
1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (Attachment to previous records and a copy of judgment);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The degree of the principal offense and two times, and the degree of the principal offense (0.164% of blood alcohol concentration) - The circumstances favorable to the defendant: the serious reflectivity, the absence of any criminal record of the suspension of execution or more - The comprehensive conditions for sentencing under Article 51 of the Criminal Act are comprehensive;