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A defendant shall be punished by imprisonment for nine months.
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
On April 14, 2010, the Defendant was sentenced to a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch Branch of the Jung-gu District Court, and on July 1, 2010, the Defendant was sentenced to a suspended sentence of two years in the month of imprisonment with prison labor for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Goyang Branch of the District Court.
On February 7, 2015, at around 22:44, the Defendant, as seen above, driven Done Star Engines at the front of the building in the high-speed-gu, Soyang-gu, Seoyang-gu, under the influence of alcohol 0.163% of alcohol level, from approximately 50 meters to the front road of the 24-year sunlight village complex in front of the building located at the center of the same Gu.
Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in light of the fact that the defendant had already been punished twice due to drinking driving, even though he had already been punished twice.
However, the above two times of drinking alcohol was relatively lower than 0.082% and 0.053%, and a relatively long time has passed, considering the fact that the defendant divided his/her mistake and again made the defendant not to drive alcohol, and that there is a family member to support, the sentence shall not be imposed only once and the execution of imprisonment is suspended as above.