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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 28, 2007, the defendant was issued a summary order of KRW 2 million by the Incheon District Court due to the violation of the Road Traffic Act (LA). On April 24, 2008, the defendant was issued a summary order of KRW 1.5 million due to the violation of the Road Traffic Act (LA) at the Busan District Court's Busan District Court's Branch Branch Branch on April 24, 2008, 4 times as a crime of violation of the Road Traffic Act (LA) and 5 times as a crime of violation of the Road Traffic Act (LA).
Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, at around 14:16 on September 5, 2016, the Defendant driven B Oralb while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.148% without a motor device bicycle license from the 500m section to the fluor road near the shooting distance.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Investigation report on the actual condition of traffic accidents, report on the actual status of drivers, report on the actual status of drivers, report on the actions against drivers, and register of driver's licenses;
1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, investigation reports (a summary order, etc. attached to the same attached power), and summary orders;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, 2009Da11448, Apr. 2
1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);