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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 May 13, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on September 16, 201, a fine of KRW 4,500,000 to a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 16, 201, respectively. On October 26, 2012, the Defendant was sentenced to a fine of KRW 6 million by the Ulsan District Court on October 26, 201.
On January 17, 2015, at around 07:07, the Defendant driven a B-car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.128% from the 500m section, from the front of the restaurant for the “Pishbed Swindong” in Seongbuk-gu, Ulsan-gu, U.S. to the front of the wning Station located in the same Hodong.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Report on the situation of running a driving under the influence of alcohol, report on the circumstantial statement of a driving under the influence of alcohol, inquiry into the results of the control of drinking alcohol, and notification of the completion
1. Previous convictions: Application of criminal records and investigation reports (reports attached to the same criminal records and the same criminal records) and statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act, even though many people of the same kind of experience in sentencing and repeating drinking again, Defendant should be punished strictly. However, it is erroneous and contradictory, and there is no record of crime other than the fine, and the sentencing conditions indicated in the records, such as Defendant’s age, character and behavior and environment, shall be determined by taking into account all of the factors indicated in the records.