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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 October 28, 2010, the Defendant was issued a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million, and a fine of KRW 1.5 million from the Seosan Branch of the Daejeon District Court on April 6, 2011 to a fine of KRW 1.5 million, respectively.
On February 14, 2013, the Defendant was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving) and was driving a Bcoco-sports car under the influence of alcohol with approximately 0.077% of blood alcohol concentration at the 100m section before the 2nd public security center located in the south-gu Incheon Metropolitan City, from the French-gu Do, and around 01:06 on February 14, 2013 to the 602nd public security center.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of a drinking driver, the circumstantial statement of a drinking driver, and the notification of the results of crackdown on drinking;
1. Registers of driver's licenses;
1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report accompanied by a copy of summary order);
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation