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.

Punishment of the crime

On April 1, 2008, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the port branch of the Daegu District Court on April 1, 2008, and on May 15, 2013, the Defendant issued a summary order of KRW 1.5 million for the same crime in the same court.

피고인은 2015. 3. 2. 02:50경 포항시 북구 용흥동에 있는 샛별노래방 앞 도로에서 같은 동 한국타이어 앞 도로까지 C 스포티지 승용차량을 혈중알코올농도 0.157%의 술에 취한 상태로 약 50미터를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same kind of records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend education under Article 62-2 of the Criminal Act are three times the criminal defendant was punished for drunk driving, and the criminal nature is bad in light of the fact that there are many criminal records related to driving, and drinking water is high.

However, considering the fact that the defendant has no criminal history exceeding a fine, that is not causing traffic accidents due to drinking driving, that the driving distance is relatively short, that the defendant reflects the mistake, and that other factors of sentencing recorded in the records, such as age, character and conduct, environment and circumstances before and after the crime, the punishment for the defendant shall be determined as ordered.