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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 December 19, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in the credit support of the Suwon District Court on December 19, 2008, and a fine of KRW 1,50,000 as a penalty for a violation of the Road Traffic Act (driving) from the same support on November 26, 201.
On April 4, 2015, at around 0.22:10, the Defendant driven a BKaman car at the 1km section from the Do in front of the Sungcheon-si 2257-ro 8, 2257, as he was under the influence of alcohol with a blood alcohol concentration of 0.273%.
Accordingly, although the Defendant had been punished for driving at least twice under the influence of alcohol, he/she again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of the driver from the driver, a report on the circumstances of the driver's driving, a report on the circumstances of the driver's driving, a report on the request for appraisal, and a report on detection of the driver from the driver;
1. Before ruling: Application of a reply to inquiries, such as criminal records, investigation reports (in each case summary information and summary order);
1. Relevant Article of the Act on Criminal Facts, Articles 148-1 (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. Although the criminal records of sentencing under Article 62-2 of the Criminal Act are twice the same records of sentencing, the crime of this case can be deemed to have been committed, the sentence shall be rendered as ordered in consideration of the fact that the defendant led to the crime of this case, and that the defendant has no same record as the suspended execution or more, etc.