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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 May 4, 2011, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act for a violation of the Road Traffic Act, and on August 12, 2010, at the same court on August 12, 2010, issued a summary order of two million won by a fine for a violation of the Road Traffic Act. On January 31, 2008, the Defendant was sentenced to a summary order of one million won by the same court as the same crime.
On May 22, 2014, the Defendant, as above, violated Article 44(1) of the Road Traffic Act two or more times, driven C Rabsing car while under the influence of alcohol at about 0.060% of alcohol alcohol concentration, from the Mabsing Mabscam to the 21:50 day from the Mabscam Mabscam to the Mabscam 271, Mabscam in the Mabscam of the Government-Si, Mabscam on May 22, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [the punishment shall be mitigated considering the following: since the defendant has been sentenced to a fine and a suspended sentence due to multiple times of drinking driving, it seems that a certain degree of severe warning is necessary for the defendant; however, the defendant does not have high blood alcohol concentration at the time of the instant case; the defendant shows a attitude to recognize the error and reflect in depth; and the defendant's health status is not good;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;