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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On July 14, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of KRW 4 million at the Changwon District Court on July 14, 2008 with a fine of KRW 3 million due to the same crime, etc. at the same court on February 16, 2010 and having violated Article 44(1) of the Road Traffic Act at least twice.
On December 30, 2013, at around 21:40, the Defendant, while under the influence of alcohol, driven a B-purd vehicle at approximately 200 meters from the road near the main body in the Kim Jong-si, Kim Jong-si, to the cropho road in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (a copy of summary order, etc.);
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;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. Probation and lecture attendance order Article 62-2(1) of the Criminal Act, which has a record of multiple times of punishment due to drinking driving for the reason of sentencing, is not easy for the accused to commit the crime by driving under the influence of alcohol.
However, the fact that the driving of this case does not cause traffic accidents, etc. is considered as favorable circumstances, and the punishment as ordered shall be determined in consideration of all the circumstances which are conditions for sentencing, such as the character, conduct and environment of the defendant.