Text
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 of the final judgment.
Reasons
Punishment of the crime
On April 10, 2008, the Defendant was issued a summary order of two million won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on April 10, 2008, and on November 6, 2008, issued a summary order of two million and five million won by a fine for a violation of the Road Traffic Act at the Busan District Court's subsidiary branch office.
On January 19, 2014, at around 00:40, the Defendant driven BMW car in the state of alcohol with approximately 100 meters alcohol concentration of approximately 0.144% from the 100-meter section from the front of the Nam-gu Incheon Metropolitan City Yandong, to the front of the 302 Samsung Bio-resources.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Requests for appraisal of blood alcohol concentration, response to requests for appraisal, written appraisal of blood alcohol, and written report on the drinking driver;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (examination of applicable provisions of the Road Traffic Act and copies of each summary order);
1. Relevant Articles 148-2 (1) and 148-2 (1) and 1, and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and
2. Determination of sentence: Six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend a compliance driving lecture [w], Defendant’s reflectivity, and five years of a lapse of five years from the date of the instant crime after detection of twice 2008 (unfavorable circumstances] three times of drinking driving experience;