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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 of the final judgment.
Reasons
Punishment of the crime
On September 2, 2009, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Jung-gu District Court on September 2, 2009. On August 25, 2008, the Defendant was a person who was issued a summary order of a fine of one million won with the same crime in the same court on August 25, 2008. On November 23:20, 2013, the Defendant was under the influence of alcohol of 0.130% with a blood alcohol concentration of at least 0.130% from the Ba-dong B apartment parking lot in Yangju-si to the front day of the Geum-dong Geum-dong-dong 20km road.
Summary of Evidence
1. Defendant's legal statement;
1. A response to the request for appraisal, a written appraisal of blood alcohol and a report on the detection of the driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);
1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the defendant with the reason for sentencing two times, even though he/she had the record of punishing drunk driving, it is possible to strictly punish the defendant in this case, such as the fact that the blood alcohol concentration of this case is considerable. However, considering the fact that the defendant is led to confession and not repeating, and that the defendant has no record of punishment exceeding the fine due to drunk driving, the sentence identical to the order shall be sentenced to the defendant.