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A defendant shall be punished by imprisonment for not less than eight 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 May 6, 2009, the Defendant was notified of a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Ulsan District Court. On February 3, 2012, the Defendant was sentenced to a fine of KRW 7 million as a crime of violation of the Road Traffic Act by the Busan District Court’s Branch Branch.
At around 11:30 on July 17, 2014, the Defendant driven a CMFM car with approximately 300 meters alcohol content 0.124% under the influence of alcohol from the front day of the light enterprise located in Ulsan-gun, Ulsan-gun, Seoul-do, Seoul-do, to the front day of the Sejong-ro located in 15 in the same Eup/Myeon-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of a driving under the influence of alcohol and that on the control of drinking driving;
1. Before judgment: Application of the Act and subordinate statutes to refer criminal records and investigation reports (report attached to a judgment, etc.);
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. Article 62 (1) of the Criminal Act;
1. The sentencing ground of Article 62-2(1) of the Criminal Act of the Order to Provide community service and order to attend a lecture for a considerable period of time is to be recognized as having a high risk of re-offending in light of the circumstances leading up to the crime and criminal records, etc., taking into account the following: (a) the Defendant, even though he had a previous conviction subject to the several times of his drinking driving and caused traffic accidents; (b) there is no criminal record subject to punishment other than fines; and (c) the Defendant’s disposal of the vehicle while not driving under the influence of alcohol, etc.; and (d) thus, it is so decided as per Disposition on the grounds that the order to provide community service and order to attend