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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
[criminal power] On October 16, 2008, the Defendant was sentenced to a fine of three million won or more for a violation of the Road Traffic Act, a fine of 1.5 million won or more for a violation of the Road Traffic Act at the Ulsan District Court on November 15, 2010, respectively. On August 31, 201, the Defendant was sentenced to a summary order of 1.5 million won or more for a violation of the Road Traffic Act at the Ulsan District Court on August 31, 201.
【Criminal Facts】
On July 27, 2014, at around 16:15, the Defendant driven a bandon bandon vehicle with blood alcohol content of approximately 10 K 0.085% from the area of approximately 10 KK to the roads in front of the Taesung Steel located in Ulsan-gu, Ulsan-do.
The Defendant, even though he had a drinking record twice or more, was driving a motor vehicle in a state of drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Details of the management and inquiry of the master-user report, a copy of the notice of completion of correction, the circumstantial statement of the host driver, and the management and inquiry of the master report;
1. Previous records: Application of criminal records and investigation reports (Attachment to the same type of judgment) and statutes;
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. Probation and community service order under Article 62-2 of the Criminal Act, even though there are many previous convictions of the same kind in sentencing, the nature and circumstances of the crime such as drinking again and receiving street trees are not good, and the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, family environment, etc. recorded in the records;