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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
Criminal facts
On February 16, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on March 9, 2012.
Criminal facts
Although the Defendant had been punished for drunk driving twice or more as above, on February 22, 2015, at around 22:20, the Defendant driven a B-learning car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.114% from the 100-meter section to the front road of the Manori-ri, a change of the Manori-ri-ri model located in the Mano-si Pool War.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control results of drinking driving;
1. Previous convictions in judgment: References to criminal records and investigation reports (formers and confirmations) and the application of statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;
1. Article 53 or 55 (1) 3 of the Criminal Act (i.e., voluntary mitigation and mitigation)
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions under Article 51 of the Criminal Act, such as the defendant’s criminal records of the same offense with the reason of sentencing under Article 62-2 of the Criminal Act, the statutory punishment for the instant offense (in the case of imprisonment, between one year and three years, and in the case of imprisonment, between one year and six months, and one year and six months, in the case of discretionary mitigation), the blood alcohol density of the defendant, the degree of drinking alcohol concentration, the circumstances of drinking driving, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, character and environment, shall be equally considered, and the community service order