Text
A defendant shall be punished by imprisonment for not more than ten 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 November 16, 2006, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million on September 30, 2008, and a fine of KRW 4 million on September 30, 2008, respectively, at the leisure branch of the Suwon District Court.
On February 22, 2013, at around 01:50, the Defendant driven B Poter Cargo at a section of approximately 500 meters from the front side of the road to the front side of the same month, while under the influence of alcohol of 0.153% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no criminal record of a stay of execution or heavier punishment, and the fact that he has no record of drinking driving for the last three years);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);
1. Probation and community service order and order to attend lectures shall be ruled as ordered by the reason of not less than Article 62-2 of the Criminal Act;