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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 11, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court, and the summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on September 10, 209.
On May 4, 2015, the Defendant driven BM5 vehicle under the influence of alcohol 0.107% from the section of approximately 2 km from the road near the Pyeongtaek-dong, Bupyeong-gu, Seoul Metropolitan City to the front road of the Dong-dong, Dong-dong, U.S. In order to ensure that the Defendant had a two-time alcohol driving force, on May 4, 2015, while under the influence of alcohol 0.107% of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Previous records of judgment: Criminal history records, investigation reports (reports on the confirmation, etc. of criminal records of the same kind of crime as a suspect), previous records of disposition and results of confirmation, two copies of report on the results of confirmation, and application of two copies of summary order-related Acts
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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 21, 2007) (see, 2008Da1248, Apr. 2, 2007)
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 (1) of the Criminal Act to attend lectures;