Text
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 April 17, 2013, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on April 22, 2014.
Criminal facts
At around 21:30 on June 5, 2014, the Defendant, even though the validity of the driver’s license was suspended, driven a CH car in the state of alcohol alcohol 0.169% under the influence of alcohol 0.169% from the 5km section from the front day of the restaurant “scambine and water control expenses” located in the Gwangjin-gu, Gwangju-si, Mineyang-si to the front day of the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order of the same kind of suspect), and application of Acts and subordinate statutes of two 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;