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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 of the final judgment.
Reasons
Punishment of the crime
On November 10, 2008, the Defendant violated the provisions on prohibition of drunk driving on two or more occasions by receiving a summary order of a fine of three million won from the Changwon District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), and a summary order of three million won from the same court on December 7, 2009 (driving under the influence of alcohol) due to a violation of the Road Traffic Act.
On May 5, 2015, at around 01:20, the Defendant driven a DNA liquid cargo vehicle with approximately KRW 700 meters alcohol concentration of 0.209% from the section of 700 meters, which is located in the upper south-dong of the Changwon-si, Changwon-si to the front road of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about reports on detection of drinking drivers and the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 fact that a person has been subject to punishment several times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the driving of drinking alcohol again, and the high drinking alcohol level: Provided, That the defendant's mistake is divided, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc. shall be determined as ordered by taking into account the sentencing conditions shown in the records.