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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
On June 23, 2008, the Defendant issued a summary order of one million won as a crime of violating the Road Traffic Act at the Jeju District Court on September 12, 2008, and the summary order became final and conclusive on September 12, 2008. On November 29, 2012, the above court issued a summary order of three million won for the same crime, and on December 19, 2012, the summary order became final and conclusive.
On December 24, 2013, around 05:50 on Jeju Island, the Defendant driven a B NAS car under the influence of alcohol content 0.100% from a section of approximately 1km alcohol content to the Jeju Viewing Road located in the same Dong from the front of the “Henes” road located in the 2020-6, the Jeju Do Do Do 2020-6.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the report on the state of drinking practice;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Evidence List No. 18);
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. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Code of the Order to Attend the lecture has been punished twice due to drinking driving, and that he is against the law, considering the age, character and conduct, environment, motive and circumstance leading the defendant to commit the instant crime, the means and consequence of the instant crime, and the circumstances before and after the instant crime, etc., the sentence like the order shall be imposed by taking into account the various sentencing conditions as stipulated in Article 51 of the Criminal Code