Text
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 January 28, 2013, the Defendant received a fine of KRW 5 million due to a violation of the Road Traffic Act (driving), etc. at the Changwon District Court Branch on March 9, 2016, and received a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on March 9, 2016, and has the record of violating the provisions on the prohibition of drunk driving more than twice.
Nevertheless, at around 01:35 on August 14, 2016, the Defendant driven a rocketing car with approximately KRW 500 meters from the front day of the Nowon-gu Materne, which is in the synthetic Dong of the Changwon-si, to the front day of the Materne Hospital located in the same Dong, while under the influence of alcohol of 0.10% of blood alcohol level.
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. Records of judgment: Application of criminal records, etc. 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007)
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;