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A defendant shall be punished by imprisonment for six months.
except that 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 May 27, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Gangnam Branch Branch of the Chuncheon District Court, and issued a summary order of KRW 4 million as a fine at the Suwon District Court on August 28, 2013.
On October 14, 2016, at around 21:45, the Defendant driven a car in B B e-gu under the influence of alcohol content of approximately 0.076% in a 1km section from the 1km to the lided lids in the 56 (intersection) of the same Silverdo 56 (intersection 56).
As above, the Defendant, who was punished twice or more by the Road Traffic Act, was driving a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, etc., references to the previous dispositions, and reporting results of confirmation Acts and subordinate statutes;
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. 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. The reason for a suspended sentence under Article 62(1) of the Criminal Act (recognition of reasons for discretionary mitigation, etc. mentioned in the preceding) is not very good, but the circumstances immediately following the crackdown on drunk driving of the instant case are late, and there is no criminal record of drinking alcohol of the instant case, suspension of qualification or higher punishment, and the Defendant’s home, economic environment, etc., within the scope of the mitigated sentence, and the execution of the sentence is suspended;