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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] On September 16, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law in the Dong branch of the Busan District Court. On July 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law at the Busan District Court.
[2] On October 17, 2016, the Defendant driven a B-car at a distance of about 1.5 km from the front side of the Ga-do apartment in Busan-gu, 548, to the front side of the Ga-do-ro 114, 548, as it was under the influence of alcohol level of 0.198% among blood transfusion around 23:30 on October 17, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Previous convictions in judgment: The application of inquiry statements, investigation reports (formers and confirmations) and statutes, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Although there is a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), there is also a need to strictly punish the instant crime in light of the fact that the instant crime has been committed, and there is no record of criminal punishment exceeding the fine, the Defendant’s age, sex behavior, environment, circumstance leading to the crime, circumstances after the crime, etc., shall be comprehensively taken into account and determined as ordered.