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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 4, 2013, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court's Branch on March 4, 2013, and on January 2, 2009, issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 2, 2009, and was punished four times for a drunk driving.
On September 18, 2016, the Defendant, while under the influence of alcohol at around 01:45, driven a B-learning car at approximately 2 km from the vicinity of the fleet-dong in Busan Metropolitan City to the home plug in the same Gu, under the influence of alcohol level of 0.14%.
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: Criminal records and other inquiries, and the application of Acts and subordinate statutes governing drinking driving control (including excessive power);
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit the instant crime, and the circumstances before and after the instant crime, etc. shall be determined as ordered by taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.
D. Unfavorable circumstances: The defendant's act of committing the crime of this case is highly likely to be criticized without being subject to criminal punishment more than four times for the same crime and without being subject to criminal punishment.
The defendant seems to have significantly increased the risk of traffic accidents due to the heavy influence of alcohol.
The defendant recognized the crime of this case.
Defendant has family members to be supported.