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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
【Criminal Power】 On February 23, 2010, the Defendant had a blood alcohol concentration of 0.125% at the time of committing a crime of violation of the Road Traffic Act in the application of the Gwangju District Court for the wood application.
on March 27, 2012, the blood alcohol concentration at the time of the same crime in the same court was 0.089%.
a person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of 1.5 million won.
【Criminal Facts of Crimes】 On April 13, 2014, at around 22:36, the Defendant driven B-type cargo vehicles under the influence of alcohol content of about 0.123% at the section of approximately 3km from the road front of the Hangsan-gun, Magpo-gun, Magpo-gun, the Namnam-gun, to the front of the same military rescission.
Summary of Evidence
1. The defendant's legal statement, statement in the circumstances of the driver, report on detection of the driver by the driver by the driver by the driver by the driver, and application of the investigation report-HE mark;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (In addition to the choice of imprisonment and the criminal records, consideration shall be given to the fact that there has been a history of having received a fine of one million won due to a drunk driving in 2005, as well as the criminal records);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the status of the defendant, personal history, family relationship, etc.);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;