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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
On February 27, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch's branch on February 5, 2008, and a fine of KRW 3 million for the same crime, etc. from the Incheon District Court's subsidiary branch on February 5, 2008, and on February 12, 2010, the Defendant was sentenced to a suspended sentence of two years for five months in imprisonment with labor for the same crime in the Suwon District Court's Ansan Branch's branch on February 12, 2010, and on December 7, 2012 by the same court, two years in imprisonment with labor for the same crime.
Criminal facts
On April 9, 2015, at around 23:45, the Defendant driven a B-to-land under the influence of alcohol concentration of about 0.114% from a five-meter distance prior to the road in front of the Doming-ro, 313-ro, Magcheon-ro, Magcheon-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Drinking soft;
1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentencing conditions prescribed in Article 51 of the Criminal Act are fully taken into account, such as the fact that six times a crime of drunk driving (two times a suspended sentence, two times a fine, and four times a fine), the traffic-related criminal records, including the fact that the blood alcohol level at the time of the instant case reaches 0.114%: the Defendant’s mistake, the occurrence of traffic accidents, the short driving distance, the short driving distance, and the fact that there was no criminal record after 2012.