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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 of the final judgment.
Reasons
Punishment of the crime
On April 1, 201, the Defendant was sentenced to a fine of 2 million won for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on July 24, 2009. On July 24, 2009, the Defendant was a person who had been sentenced to a fine of 3 million won for a crime of violation of the Road Traffic Act (driving). On December 3, 2013, the Defendant was driving a B rocketing car at a section of about 4 km from the front of a mnive restaurant in the trade name in ririth to the road in front of the 80 mnives located in the new rith, to the front of the 80 mnives located in the new rith, while under the influence of alcohol concentration of 0.196%.
Summary of Evidence
1. Defendant's legal statement;
1. Regulatory the results of the drinking test, output, electronic documents and the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);
1. Although the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had the record of punishing drinking driving three times, it is difficult to strictly punish the defendant in light of the fact that the blood alcohol content of this case is considerable, but the defendant is able to make confessions and not repeat crimes, and there is no record of punishment exceeding fines, etc., the sentence as ordered by the above shall be imposed on the defendant.