Text
A defendant shall be punished by imprisonment with prison labor for up to 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 history] On August 5, 201, the Defendant received a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving) in the Gwangju District Court’s Netcheon Branch on March 25, 201; a fine of KRW 4 million for the same crime in the same court on March 25, 2013; and a fine of KRW 7 million for the same crime in the same court on July 19, 2013.
[2] On February 26, 2016, the Defendant driven a C-crin vehicle under the influence of alcohol with about 0.091% alcohol concentration from a section of about 6Km in the same city from the road in front of the Defendant’s residence, which is located in F-kin City B, to the same city-dong, and driving a C-crin vehicle under the influence of alcohol with about 0.091%.
Summary of Evidence
A previous conviction of the defendant's legal statement, a report on driving under the influence of alcohol driving, and a previous conviction of the judgment: Application of Part III of the summary order to inquire about the career of crime, etc.
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1448, Feb. 1, 201; 201Do1144, Feb. 21, 201
4. The community service order under Article 62-2 of the Criminal Act;