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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 17, 2011, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and KRW 5.5 million as a fine in the same court on April 26, 2013.
On September 24, 2016, around 06:30, the Defendant driven a motor vehicle B subject to alcohol while under the influence of alcohol with approximately 3km alcohol concentration of about 0.137% from the 3km section, which is located in the Canyang-gu Canyang-gu Candong, Seoyang-gu, Seoyang-gu, Seoyang-gu, to the luxian road located in the same Gu-dong.
As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, but driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (suspects' previous records and confirmations);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol level, the records of punishment for drunk driving (two times), the time gap between the date of the immediately preceding detection, and the fact that there is no record of punishment exceeding the fine, the age and gender of the accused, character and conduct, environment, occupation and experience, family relationship, circumstances of the crime, details of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered