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The punishment of the accused shall be set forth in six months.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
On December 5, 2011, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on December 5, 201, and on May 7, 2008, the above court issued a summary order of KRW 1.5 million for the same crime and was punished for a violation of the Road Traffic Act as two times.
On September 23, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice again, driven a B-B car under the influence of alcohol at approximately 0.054% in the section of about 300 meters from the front of the main road where the trade name located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si is unknown to the front of the NApung-dong in the same Sungdong.
Summary of Evidence
1. Defendant's legal statement;
1. Copies of the register of drinkbling meters, and the report on the situation of the driver;
1. Scenic photographs of the control site;
1. Application of Acts and subordinate statutes of double copies of criminal records, reply reports, and summary order;
1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and the choice of imprisonment under Article 148-2 (1) 1 of the Road Traffic Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been punished for drinking driving several times; (b) the commission of the instant crime; (c) the recognition of and reflects on the crime; (d) the blood alcohol concentration was relatively low; (c) the Defendant’s detention was not caused by traffic accidents; (d) the Defendant’s detention appears to entail excessive difficulty to his/her family members; and (e) other circumstances shown in the instant trial, including the Defendant’s age, character and behavior, environment, and criminal background