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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 October 8, 2008, the Defendant was issued a summary order of KRW 500,000 by the Cheongju District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on December 19, 2008, by a fine of KRW 2 million for a violation of the Road Traffic Act, from the Suwon District Court’s Eunpyeong Housing Site Board.
On August 9, 2013, at around 02:30, the Defendant driven Bsch Rexn car at approximately 500 meters away from the front side of the Western parking lot in Pyeongtaek-si to the front side of the Korean Industrial Complex in Pyeongtaek-si, with a blood alcohol concentration of 0.091%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;
1. Inquiry into the enemy;
1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (former records and reports), and summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.
However, the punishment shall be determined in consideration of various sentencing factors, such as the age, occupation, etc. of the defendant, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and a suspended sentence shall be imposed on the condition