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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
[criminal power] On December 6, 2006, the Defendant received a fine of KRW 700,000,000 from the Daegu District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on December 31, 2008, respectively.
【Criminal Facts】
On August 22, 2016, at around 01:45, the Defendant driven a 200-car with a blood alcohol level of 0.092% under the influence of alcohol level from approximately 3 km section to the front road of the “Tro-1 Apartment apartment,” located in the Dong-gu, Daegu-dong, Daegu-dong, Seoul-gu, to “Seong-dong,” which was located in the same dong-dong, the Defendant driven a car of 300-car with a blood alcohol level of 0.02%.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.