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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 27, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court, on August 7, 2009, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving), and on August 5, 2010, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court's Seosan Branch, and on July 20, 201, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (driving) at the Busan District Court's Busan District Court's jurisdiction.
On October 8, 2015, at around 21:50, the Defendant driven a DNA string vehicle under the influence of alcohol content of about 0.061% from the blood at approximately 7m section from the parking lot adjacent to the C cafeteria in Busan, U.S., to the road adjacent to the above entrance.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor by repeating the same kind of crime;
1. The Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, repeats the same criminal act as indicated in the judgment in the previous conviction, and committed the instant crime during the suspended execution period (the Defendant, on January 22, 2014, was sentenced to two years of a suspended sentence for compulsory indecent act at the Busan District Court, and was sentenced to two years of a suspended sentence on January 30, 2014).
Provided, That the punishment shall be mitigated in consideration of normal conditions, such as the confession and drinking volume of the defendant, etc.