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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
Punishment of the crime
On May 25, 2011, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on November 30, 2007, the Defendant received a summary order of KRW 700,000 from the Sungwon District Court to the same crime.
On August 27, 2016, around 00:06, the Defendant driven BM car in the state of 0.072% alcohol concentration at 0.072% while under the influence of alcohol alcohol concentration at around around around 200 meters from the front of the restaurant 13, a 331-gil, as the Sungnam-gu, Sungnam-si, Sungnam-si.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Before ruling: Application of a copy of the criminal records and each summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the defendant’s age, occupation, character and conduct, environment, and all the conditions of sentencing recorded in the records, such as before and after the instant crime, shall be determined by taking into account the following circumstances.
In other words, there is no penalty power exceeding the fine yet, such as not re-offending, and it is judged that it is difficult to prevent re-offending by a fine, even if a person was sentenced to three times a fine for the same kind of crime, and is also sentenced to a fine.