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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 December 3, 2007, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) from the Port Branch of Daegu District Court on December 3, 2007, a summary order of one million won or more as a fine for the same crime from the Daegu District Court Kimcheon Branch on September 10, 2009, and a summary order of 2.5 million won or more as a fine for the same crime from the Port Branch of Daegu District Court on September 15, 201 to the same crime.
On May 2, 2015, at around 23:05, the Defendant driven a B B B B motor vehicle under the influence of alcohol with approximately 0.059% of alcohol alcohol concentration at a distance of about 500 meters from the front day of the main station where it is impossible to know the trade name in the Southern-gu Seado at the time of port to the front day of the Maren Furcar Do-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of the report on detection of the driver and the circumstantial report of the driver; and
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances in which the defendant has been punished for driving alcohol only four times: The high drinking level and the driving distance is relatively short, the fact that there is no history of punishment exceeding fines, and the fact that there is no history of punishment exceeding fines, and the fact that the defendant reflects the mistakes;