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A defendant shall be punished by imprisonment for not less than eight 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
[Criminal Power] On September 25, 2008, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on September 25, 2008. On November 1, 2010, the Daejeon District Court issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On July 9, 2013, at around 23:05, the Defendant driven a D Eccoo vehicle while under the influence of alcohol content of 0.11% at the point of the upstream line of 213km from the Busan Fcoo-si, Macheon-si, Busan.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (former records and reports attached to judgments);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (including the fact that three times a person has been sentenced to a fine and a punishment for two times a person has been sentenced to a suspended sentence, etc. due to a sound driving);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Jan. 1, 2001>
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;