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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 August 21, 2009, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court on August 21, 2009, and on May 31, 2013, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Southern District Court Branch of the Jeonju District Court.
【Criminal Facts】
On September 12, 2016, the Defendant, while under the influence of alcohol on 02:43% of blood alcohol content, driven a b1 ton cargo vehicle from the section of about 40 km to the Daegu Highway (FF) located in the Jeonbuk-gun in the Jeonbuk-gun, Jeonbuk-gun, without knowing the trade names in Gwangju-gu 0.203%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a summary order of the same criminal records as a suspect);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant once was sentenced to a fine twice due to drunk driving, once again drives under the influence of alcohol, the blood alcohol concentration is very high, and the walking condition was not normal at the time of detection.
However, it shall be considered in favor of the defendant that the defendant will not repeat the same mistake in the reflective manner, and the punishment shall be determined as ordered in comprehensive consideration of all the sentencing conditions.