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A defendant shall be punished by imprisonment for one year.
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 May 22, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on May 22, 2008, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on December 2, 2010.
【Criminal Facts】
On October 25, 2014, at around 14:00, the Defendant driven a B-hurd vehicle with a blood alcohol content of about 0.120% under the influence of alcohol at the section of approximately 8km from the roads in front of the Hanjin-si, Song-si to the roads in front of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports on the results of the disposition of the same kind of power);
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act, even though the defendant had been sentenced to punishment for drunk driving, he again made a drinking-water driving in this case, and the nature of the crime is not easy.
However, considering the circumstances favorable to the defendant that the defendant would not drive under the influence of alcohol, such as violating his depth of the crime of this case and disposing of the vehicle, etc., the punishment shall be determined as ordered in consideration of the defendant's age, occupation, health status, family relation, and criminal record as stated in the records of this case, and the court shall suspend the execution thereof and order the defendant to attend the community service and compliance driving lecture.
It is so decided as per Disposition for the above reasons.