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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 March 26, 2007, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of road traffic law (drinking driving) at the early branch of the Chuncheon District Court, and KRW 2 million as a fine at the Seoul Eastern District Court on October 1, 2010.
On October 28, 2015, the Defendant driven B ASEAN A3 car under the influence of alcohol leveling 0.169% from the frontway of the Do government-affiliated branch office of the Do government-affiliated District Public Prosecutor's Office located in the Dong-gu Dong-dong Dong-dong, Seoyang-gu, Busan, to the front day of the same new Do-dong branch office to the next day of the same new Do-dong branch office.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report on the driver involved in the primary driving, and the report on the detection of the driver involved in the primary driving (Evidence No. 10);
1. Results of appraisal by the National Institute of Scientific Investigation;
1. On-site photographs;
1. References to inquiries, such as criminal history, reporting on the undispositioned previous convictions, and application of summary order statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Based on a comprehensive consideration of the Defendant’s age, sex, environment, occupation, family relationship, circumstances and details leading to the commission of the crime, and the details of the detection of the case, including the Defendant’s reflection, alcohol level, the record of the crime as stated in the judgment, the time gap between the immediately preceding detection and the fact that there was no record of punishment exceeding fines, the punishment as set forth in the order shall be determined.