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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 September 26, 2006, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 26, 2006, and a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 30, 2008.
On January 25, 2013, at around 01:15, the Defendant driven B rocketing car with the blood alcohol concentration of about 0.208% from the 4km section from the 0174-4 Hayang-si, Chungcheongnam-si to the 174-4 Hayang-si, Namyang-si.
As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (verification of records of drinking driving not less than twice);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration among the reasons for sentencing);
1. The sentencing of Article 62-2 of the Criminal Act requires a high drinking level of a defendant for the reason of sentencing and Article 62-2 of the order to provide community service and attend lectures, and the fact that a criminal record of a drunk driving was committed in 2006 and 2008, etc. disadvantageous to the defendant, or the fact that the defendant was committed at the time of and against the mistake of the defendant, the defendant has no criminal record exceeding the fine, and other sentencing conditions shown in the records, such as the defendant's age