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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On November 27, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on November 27, 2007, a fine of one million won for the same crime in the same court on November 10, 2008, and a fine of three million won for the same crime in the same court on August 1, 201, respectively.
【Criminal Facts】
On April 25, 2015, at around 22:45, the Defendant driven B rocketing car under the influence of alcohol content of about 500 meters at approximately 0.097% from the marg-dong 1679 on the same day from the marg of the new road of the member-gu in Ansan-si to the 22:55 day from the marg-dong 1679 on the same day.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Papers of measurement records of drinking alcohol;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and written judgments attached thereto) and statutes;
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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the same Act (Article 53 and 55(1)3 of the same Act shall be taken into consideration, although there are three-time criminal records of the same kind, the defendant reflects his misunderstanding, the occurrence of an accident,
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;