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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 October 27, 2011, the Defendant was sentenced to a fine of KRW 4 million in Seoul Southern District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million in the same court on July 18, 201.
On April 19, 2014, the Defendant, while under the influence of alcohol of 0.106% of blood alcohol concentration on 06:03, operated CTXG vehicles over approximately 300 meters in the vicinity of the Eunpyeong-gu Seoul Metropolitan Eunpyeong-gu Maamsan 36,00 0.10% near the 3rd YEM.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;
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 (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. In light of the fact that the defendant, who has been punished several times due to the reason of sentencing under Article 62-2 of the Criminal Act, was driving under the influence of alcohol without permission, the defendant selected a sentence of imprisonment with prison labor for the defendant. However, the defendant's mistake is recognized and against his/her mistake is recognized, there is no previous conviction exceeding the fine, the fact that the defendant did not cause a traffic accident due to the driving of this case, etc. shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account all other circumstances, such