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A defendant shall be punished by imprisonment for not less than eight 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 September 14, 2006, the Defendant issued a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on September 14, 2006, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on June 27, 2008.
Although the Defendant had been punished twice or more due to drinking driving, around December 20, 2012, around 22:20, the Defendant driven BMWX53.0 s. s. s. s. i-car on the 5km section at approximately 0.085% of blood alcohol content from the 5km section to the road front of the 4.3km-dong, Nam-gu, Incheon Metropolitan City from the 27-11th Do to the 27-11th Do in the south-gu, Seodong-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, output of the content of a drinking measuring instrument used, copy of the usage register of a drinking measuring instrument, and report on detection of a drinking driver;
1. Previouss: Application of inquiries, such as criminal records, and criminal investigation reports (attached to the previous and summary order);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no serious criminal record other than the previous criminal record, the fact that there is no serious criminal record other than the previous criminal record, and the extent of the previous criminal record);
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation
1. Order to attend lectures under Article 62-2 of the Criminal Act;