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A defendant shall be punished by imprisonment for not less than eight 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 5, 2004, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Chuncheon District Court, and on July 8, 2009, issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Chuncheon District Court.
【Criminal Facts of Crimes】 On October 5, 2013, at around 23:21, the Defendant driven a gallon with a blood alcohol concentration of about 700 to 0.236% under the influence of alcohol level at approximately 700 to 800 meters from the roads in front of the “sealiver” line located in Gangseo-si, Gangwon-si, Gangwon-do, Gangwon-do, to the roads in front of the Chuncheon Machinery Publication.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act reflects the Defendant’s depth in committing the crime, the Defendant has no record of punishment heavier than a suspended sentence, the Defendant has not induced traffic accidents, and other circumstances revealed in the oral proceedings of this case, including the character, conduct, environment and health conditions of the Defendant, shall be determined as ordered in full consideration of the following circumstances.
It is so decided as per Disposition for the above reasons.