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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 14, 2011, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a violation of the Road Traffic Act, etc. at the Suwon District Court on April 14, 201, and a fine of eight million won by a crime of violation of the Road Traffic Act at the Pyeongtaek District Court on November 12, 2010.
On 28, 2016, around 09:44, the Defendant driven BM7 vehicles owned by the Defendant, under the influence of alcohol concentration of about 700 meters from the 700m section to the roads adjacent to the Medical Care Center for the Preferreds in the highest industry, from the Do in front of the end of the 09-9 BM7 vehicles, the Defendant was under the influence of alcohol concentration of 0.123%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2011Do1448, Jan. 1, 201);
1. Probation and community service order under Article 62-2 of the Criminal Act;