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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 November 29, 2011, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Republic of Korea on November 29, 201, and was issued a summary order of 4.5 million won by the same court on August 7, 2012.
On January 23, 2015, at around 22:44, the Defendant driven a B-3 car under the influence of alcohol with approximately 3 km alcohol concentration of about 0.110% from a road where it is impossible to find out whether it is located in the sub-section of the Sinju City of Pakistan to the front road of the Dongn-dong located in the same Eup/Myeon.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Records of judgment: Application of criminal records, inquiry and 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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in light of the fact that the defendant had already been punished twice due to drinking driving, even though he had already been punished twice.
However, in consideration of the fact that the defendant has mistakenly recognized the defendant's mistake, there is no record of punishment more severe than the fine, and there is a family member to be supported, the punishment shall be determined to suspend the execution of the above imprisonment without prison labor.