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A defendant shall be punished by imprisonment for six months.
except that 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 August 23, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court. On February 20, 2012, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court.
On August 21, 2016, at around 23:00, the Defendant driven a motor vehicle B with a blood alcohol content of about 500 meters from the front distance of the driver’s pharmacy in the Chang-dong in the Sosan-si to the front road of the CU convenience located in the same Mo-dong.
As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol not less than twice and was under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the control of drinking driving, and report on the situation of drinking drivers;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (limited to the same type of criminal records and summary orders);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. A suspended sentence under Article 62(1) of the Criminal Act has conditions unfavorable to the defendant, such as the fact that the defendant, who has been punished several times due to drinking alcohol driving for the reason of sentencing, was under the influence of drinking alcohol driving, and the nature of such crime is not weak. However, considering the fact that the defendant is recognized and against his/her mistake, that the defendant has no record of being punished exceeding the fine due to the same kind of crime, and that there is no record of being punished in excess of the fine due to the same kind of crime