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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 September 20, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on September 20, 2006, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on November 29, 2006, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on July 13, 2007, at the Changwon District Court's branch on April 17, 2008, at the Changwon District Court's branch on April 2, 2008, a person who has been sentenced to a fine of KRW 50,000,000 for a violation of the Road Traffic Act (driving) at the same court on October 2, 2008, respectively.
On October 20, 2014, the Defendant, while under the influence of alcohol on 0.073% of blood alcohol concentration, driven Bsch Rexroth car at the section of about 30km from the 30km to the front of the taxi road located in the Geum-dong, Nam-dong, Hanam-gun, and around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments of the same kind of power, etc.);
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. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. In light of the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., the Defendant had a history of serving six times (one time a suspended sentence of imprisonment and five times a fine) due to traffic accidents or driving without a license for drinking alcohol, and the occurrence of traffic accidents at the time of driving under the influence of alcohol in this case, etc., the Defendant is also the Defendant.