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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 September 29, 2008, the Defendant was issued a summary order of KRW 2 million with fine for a violation of the Road Traffic Act at the Suwon District Court’s site on September 29, 2008, and on February 11, 2010, the same court issued a summary order of KRW 8 million with fine for a violation of the Road Traffic Act.
【Criminal Facts” around 20:40 on February 6, 2013, the Defendant driven approximately one meter of B Abdop XD vehicles, which were parked in the state of 0.147% of blood alcohol concentration in front of the 209-3 GS25 CFE store in the SS25 CFE store in Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of the employer-employed driver;
1. Before ruling: The application of criminal records and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is disadvantageous to the Defendant, such as the first head of the crime of violation of the Road Traffic Act, without being aware of the fact that he/she had been punished twice due to the violation of the Road Traffic Act, and the fact that he/she was engaged in driving at once without being aware of the fact that he/she had been sentenced to a fine
However, a suspended sentence shall be imposed on the condition of probation, etc. only once, in consideration of the age, character and conduct, environment, etc. of the defendant as well as the sentencing conditions shown in the records.