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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
[criminal power] On October 31, 2008, the Defendant was notified of a fine of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court on July 9, 2008, and was notified of a fine of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court on July 9, 2008.
【Criminal Facts】
On August 16, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more occasions, driven B Poter cargo under the influence of alcohol level of about 0.069% in a section of about 10km from the road front of the frequency of ordinary people in the Eup/Myeon of Daegu Northern-gu, Seoul, to the road front of the station located in the same Gu Nowon-gu, Nowon-gu, Seoul, to the road front of the station located in the same Gu Nowon-dong.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Requests for appraisal and reply;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.