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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
On September 8, 2011, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 8, 201, and a summary order of KRW 2,50,000 as a fine in the same court on September 16, 201.
On April 9, 2014, at around 0.122% of blood alcohol concentration, the Defendant driven BM5 car from around 2km to around the road located in the same night-dong from the neighboring Do to the road located in the same Gu of the building section, under the influence of alcohol with 0.122% of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Records before and after judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, driven a motor vehicle under the influence of alcohol concentration of 0.122% even though he/she had been punished several times for the same kind of crime, again went to commit the instant crime. Considering such Defendant’s criminal records, the blood alcohol concentration level of the instant case, etc., the crime’s nature is not less complicated.
However, in consideration of the fact that the defendant's mistake is divided and that there is no record of punishment exceeding the fine due to the same kind of crime, and other various sentencing conditions such as the family relationship, occupation, etc. of the defendant are comprehensively considered, the sentence is ordered as ordered.