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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 August 25, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on August 25, 2010, and on December 20, 2012, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving).
On July 14, 2014, around 01:20, the Defendant driven a B low-est car with a blood alcohol concentration of about 0.161% under the influence of alcohol from around 5m to around 6-8, 201, from around 5m of the 55th road to the 6-8th road in the wholesale market.
Accordingly, the Defendant, while driving a motor vehicle under the influence of alcohol and driving a motor vehicle again under the influence of alcohol, even though he violated two times or more.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Reference letters, and application of two copies of written judgments to Acts and subordinate statutes; and
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 punishment, and the choice of imprisonment;
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 extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., together with the fact that there are two or more penalties for drunk driving and the traffic-related criminal records have a total of five times, etc. The defendant's wrongness, the driving distance is about five meters, the defendant's home condition, etc., shall be determined by taking into account all the other factors of sentencing specified in the arguments of this case.