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A defendant shall be punished by imprisonment for one year.
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 14, 2008, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on August 14, 2008. On January 29, 2009, the Defendant received a summary order of KRW 4 million for the same crime, etc. from the same support. On October 26, 2012, the Defendant received a summary order of KRW 7 million for the same crime.
On April 5, 2015, at around 21:55, the Defendant driven Cchier car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.184% from the Do office in front of the Dong-gu Dong-dong, Seosan-si to the same Eup/Myeon-dong from the Do to the front road of the pay parking lot.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and the status of driving under drinking;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. Article 62 (1) of the Criminal Act;
1. Although it is recognized that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures reflects the wrongness of the defendant, the fact that the defendant had already been punished for drinking driving five times, and the blood alcohol concentration was considerably high at 0.184%, and the overall conditions of sentencing as shown in the records and arguments of this case shall be comprehensively considered in determining the same sentence as the order.