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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
On March 30, 201, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang Branch on March 30, 201, and KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on January 28, 2013.
On July 17, 2015, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, driven a B-B motor vehicle in the state of alcohol with approximately 20 meters alcohol concentration of 0.132% from the front side of the restaurant where it is impossible to identify the trade name located in the port of Mangsan-dong, Yongsan-gu, Goyang-si to the front side of the restaurant.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant's decision on the grounds of sentencing Article 62-2 of the Criminal Code requires a corresponding punishment in light of the drinking power or the potential risk of drinking driving, and the degree of alcohol value of this case.
However, in comprehensive consideration of the age and gender of the defendant, character and conduct, environment, motive and circumstance of the crime, details of the crime, and other various sentencing conditions, including the fact that the defendant shows a misunderstanding of the defendant, the fact that there is no accident causing accident, and there is no record of punishment exceeding the fine, etc., the punishment shall be determined as ordered.