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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
[criminal power] On March 10, 2008, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Sung-nam Branch of Suwon District Court on March 10, 2008, and on January 4, 201, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of Jung-gu District Court on January 4, 201.
【Criminal Facts】
On June 11, 2014, around 01:55, the Defendant driven a BM520 vehicle under the influence of alcohol by 0.113% at a distance of about 5 meters from the front of the entrance of the five-meter village complex at the Yongsan-gu, Yongsan-gu, Yongsan-gu, Sinyang-si to the front road at the entrance of the five-meter village complex at the family village.
Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. The circumstantial statement of the employee;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though there was a past record of the same kind of crime in the past, it is highly necessary to impose severe punishment on the person involved in driving again and causing an actual accident.
However, the execution will be postponed only once in consideration of the fact that the defendant is against the situation and some of the circumstances that can be considered in driving.
It is so decided as per Disposition for the above reasons.