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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 21, 2009, the Defendant received a summary order of KRW 2 million as a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on January 21, 2009, and a summary order of KRW 2 million as a fine by the same court on March 31, 201, respectively.
Criminal facts
On August 18, 2014, the Defendant, while under the influence of alcohol of 0.110% of blood alcohol concentration on August 22, 2015, driven a B-L car at approximately KRW 1.6 km from the Do of Sinsan-dong, Singu, Singu, Gyeonggi-do to the front day of the simple industry within the Sinsan-si located in the same region.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report and a report on detection of a drinking driver;
1. Investigation reports, and application of respective Acts and subordinate statutes of decisions;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.: Consideration of the sentencing conditions under Article 51 of the Criminal Act, including the following: The defendant's two times of a fine due to drunk driving, the one-time of a fine due to unauthorized driving, and the five times of traffic-related criminal records: The defendant's wrong behavior; the defendant has no criminal records other than the fine; the defendant has no criminal records other than the fine; the defendant must support his/her family, including his/her mother, etc.