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A defendant shall be punished by imprisonment for six months.
except that 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 December 26, 2014, the Defendant was notified of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 26, 201, and on September 28, 2007, the same court was notified of KRW 1.5 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On August 30, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven a bwing truck with blood alcohol concentration of about 0.074% from the 20-meter section of the 20m to the front road of the Southern-dong, Daegu-dong, Seo-gu, Seoul-gu, Seoul-gu, to the end of the Yancheon-dong, Nam-gu, the Defendant driven a bwing truck with blood alcohol concentration of about 0.074%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Before ruling: References to criminal records and application of Acts and subordinate statutes of two copies of a summary order;
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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.
Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for drinking driving twice.
A favorable normal situation: The defendant again does not commit the same kind of crime.
The blood alcohol concentration of the defendant is less than 0.1%.