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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 of the final judgment.
Reasons
Punishment of the crime
On June 20, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on June 20, 2008, and on December 10, 2008, the above court was a person with the record of being issued a summary order of KRW 2 million with a fine of KRW 2 million due to a violation of the Road Traffic Act (driving). On October 22 and 26, 2013, the Defendant driven a two-way car under the influence of alcohol concentration of approximately 500 meters from the Do to the roads in the south-gu, Macheon-si, Macheon-si, Macheon-do, in front of the frequency of the sea-type transfer in the Republic of Korea.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);
1. Although it is difficult to strictly punish the defendant with the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, in light of the fact that the defendant had a record of punishment for drinking alcohol at a time despite the fact that he/she had a record of punishment for drinking alcohol at a time, that he/she had a record of committing the crime in the past. However, considering the fact that the defendant is led to confession and not repeating, and that the blood alcohol concentration has not been significantly high, the sentence like the order shall be imposed on the defendant.