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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
[criminal power] On October 13, 2006, the defendant was issued a summary order of KRW 1 million at the Cheongju District Court, which was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving). On January 3, 201, the Daejeon District Court issued a summary order of KRW 2.5 million.
【Criminal Facts】
On November 4, 2013, at around 02:10, the Defendant driven a car in Category B column under the influence of alcohol level of about 0.234% from the 1km section of approximately 1km to the 32-lane in front of the Cheongju-dong, a Cheongju-dong located in the main road of the Cheongju-si, a considerable area of Cheongju-si.
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. Control note;
1. Previous convictions as indicated in the judgment: Criminal records, investigation reports (a copy of the judgment, etc.), written judgments (Cheongju District Court Decision 2006Ma1099), summary orders ( Daejeon District Court Decision 2010Ma22674) shall apply;
1. Relevant Acts concerning facts constituting a crime 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 reason for sentencing Article 62-2 of the Criminal Act is that the defendant was punished by a fine for the same kind of crime on several occasions.
Nevertheless, the Defendant committed the instant crime again.
However, the sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments, such as the fact that the defendant is against the mistake, that there is no punishment heavier than the suspension of execution, and that the circumstances of drinking driving can be considered.