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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 26, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on November 17, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.
On June 19, 2014, at around 23:30, the Defendant driven Bsch Rexn car under the influence of alcohol concentration of approximately 0.217% from approximately 2 kilometers to the front road of the Young High School located in the 363-lane to a citizen of the same city, at around 23:50 on the same day from the roads near the new land located in the Do-dong of the Government-dong of the Gu-si.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Requests for appraisal;
1. A report on detection of a host driver;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (5) of the same Act on the grounds that a person has been subject to a stay of execution five times, and commits a second offense despite the past record of a stay of execution in 2004; Article 62 (1) of the same Act on the grounds that the degree of blood alcohol concentration is very unfavorable, or that a person is not subject to
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;