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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 this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant has been punished for a fine of KRW 3 million for a violation of the Road Traffic Act on January 30, 2007, and a fine of KRW 1.5 million for the same crime on August 5, 2013.
On March 26, 2014, at around 22:50, the Defendant driven a B Ecoo motor vehicle under the influence of alcohol concentration of approximately 0.271% under the influence of alcohol at a 1km section from the 13 Do in front of the ethylland 13 Do in the 2210-1, Seogu-si, Singu, 2210 to the front road of the Western golf course located in the same 1852-1.
As a result, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol and the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (report on the confirmation of criminal records of the same kind of crime);
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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc. is a case where a defendant was drunkly driven, and the defendant was punished several times due to drunk driving, etc., and the defendant is aware of the crime of this case and reflects his mistake in depth, and the defendant reflects his fault in depth, and the defendant has no ability to punish more than a fine, and all the conditions of sentencing as indicated in the trial of this case shall be determined as ordered by taking into account