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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
The defendant is a person who drives a C car.
On April 30, 2007, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Busan District Court on July 21, 201, a fine of 2 million won for the same crime at the same court on July 21, 201, and a fine of 2 million won for the same crime at the same court on January 4, 2013, respectively.
Although the Defendant was punished twice or more for violating the Road Traffic Act as such, the Defendant driven a vehicle at least 20 meters on the road in front of the Gyeongnam Airport Services, while under the influence of alcohol of 00:05 blood alcohol level of 0.157% on April 24, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;
1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (Attachment of relevant judgments, etc.), previous records of disposition, and reporting results of confirmation Acts and subordinate statutes;
1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (the period of driving is shorter than that of a driver who has not been a proxy driver and has been engaged in drinking to move his/her motor vehicle to another side at the request of his/her proxy engineer, the fact that there is no record of punishment for any crime other than the same kind
1. Order to attend lectures under Article 62-2 of the Criminal Act;