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A defendant shall be punished by imprisonment with prison labor for up to 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 September 17, 2010, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on September 17, 2010, and a fine of 3.5 million won for the same crime at the same court on July 3, 2014.
Nevertheless, at around 23:50 on July 2, 2014, the Defendant, while under the influence of alcohol of 0.103%, driven a B-ro vehicle from approximately 500 meters at the bottom of the Hannam-dong at the same time, from the mutual influence to the roads located in the city of Mannam-dong, Gwangju Mine-dong to the Mannam-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on drinking driving, and the statement of the situation of drinking alcohol;
1. Previous convictions: Application of Acts and subordinate statutes, such as criminal records;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. For the reasons for sentencing under Article 62(1) of the Criminal Act, the punishment of this case is determined as ordered by taking account of various circumstances such as the motive, background, means and methods of the crime of this case, the circumstances before and after the crime of this case, and the Defendant’s age, character, behavior, career, and environment as shown in the oral argument of this case: The positive factors that the crime of this case was committed again after the previous conviction of this case: The fact that the crime of this case was committed again after the previous conviction of this case; the fact that the above previous conviction of this case was not recorded in other criminal records; the fact that the crime of this case was committed