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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
[criminal power] On January 31, 1998, the defendant was notified of a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on May 15, 1998, and 4 years of imprisonment with prison labor at the Suwon District Court on May 15, 1998, and 1 million won of a fine for a violation of the Road Traffic Act at the Suwon District Court on September 6, 2006, respectively. On December 21, 2007, the defendant had a criminal record of being notified of a summary order of 3 million won by the Suwon District Court on December 21, 2007.
【Criminal Facts】
On August 2, 2014, at around 01:32, the Defendant driven a B low-est car at approximately KRW 200 meters from the front of the Pyeongtaek-si coal station to the front of the “Song-gu Elementary School” road of about 1446 in the same city market from the front of the Pyeongtaek-si coal station to the front of the “Song-gu Elementary School.”
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and records of the crackdown;
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. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is committed by the defendant who has been punished twice due to drinking driving, and there is a need for punishment corresponding to the responsibility for such crime.
However, the suspension of execution is to be sentenced in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit the crime, that the previous department has passed for at least five years, that the risk of recidivism has been reduced by disposing of the vehicle, and that the defendant's occupation and family relation, etc.