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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 16, 2012, the Defendant was sentenced to a suspended sentence of two years for one year, and a fine of four million won for the same crime in the same court on November 3, 201, respectively.
Criminal facts
On March 15, 2015, at around 08:50, the Defendant driven a car in C Coin in the section of about 500 meters from the front of the Maroart parking lot to the front road of about 222 meters of the Maroart parking lot, where the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.124%.
As a result, the Defendant was driving a motor vehicle under the influence of re-driving even though he had been under the influence of alcohol more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;
1. Photographs;
1. Previous records: The application of criminal records, inquiry and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed again even though there are many criminal records of the same kind, and circumstances favorable to the fact that blood alcohol concentration is not low: The judgment is rendered as above for the above reasons, such as the recognition of his mistake and the age of the defendant, character and conduct, intelligence and environment, relationship to the victim, motive, means and consequence of the crime, and other factors for sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act.