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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 15, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 15, 2010, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on January 18, 2008.
【Criminal Facts】
On 04. 04. 04. 04. 04. 04. 04. 04. 022, the Defendant driven D body-man car under the influence of alcohol with approximately KRW 700m alcohol concentration of about 0.097% from the road front of the bones Sea State, such as the Gancheon City Municipal Ordinance, to the front of a large pharmacy in the Ycheon-si, Macheon City.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of criminal records, etc. and other inquiry reports and investigation reports (related case confirmation reports)-related Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.
However, it is decided as per the Disposition in consideration of the fact that the defendant reflects the crime of this case, the fact that the defendant would not drive under the influence of alcohol again, and the fact that there is no record of the suspension of execution due to drinking driving.