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A defendant shall be punished by imprisonment for not less than eight 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 September 6, 200, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act for the purpose of violation of the Road Traffic Act, etc. on September 6, 2000. On June 30, 2009, the Defendant was notified of a summary order of 2 million won by the Incheon District Court as a crime of violation of the Road Traffic Act. On September 13, 2012, the Defendant was sentenced to a fine of 5 million won as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on September 13, 2012.
Criminal facts
On May 13, 2014, at around 19:38, the Defendant driven a Category C motor vehicle, which is owned by the Defendant, with approximately 500 meters alcohol concentration of approximately 0.126%, from the 500-meter section, to the front road of the storage site located in the same Dong, from the franc road located in the Suncheon-si Pungdong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Criminal records, investigation reports (verification of previous records of the same offense and attachment of judgment, etc.), application of statutes, such as judgment;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Apr. 21, 200; 200Du1138, Feb.
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. Probation and community service order under Article 62-2 of the Criminal Act;