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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 13, 2010, the Defendant violated the prohibition provision of drunk driving by receiving a fine of KRW 1.5 million from the Seoul Western District Court to a summary order of KRW 1.5 million due to a violation of the Road Traffic Act, and a fine of KRW 7 million due to a violation of the Road Traffic Act from the Jungyang Branch of the Jung-gu District Court on December 15, 201.
On May 15, 2015, at around 17:38, the Defendant driven C cargo vehicles under the influence of alcohol content of about 0.166% from the construction site of the Seodaemun-gu Seoul Metropolitan Government Pungdong to the front road of about 489 meters in 200 meters in the same Gu unification.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Report on the circumstances of an employee;
1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and 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. 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: (a) the Defendant was punished for driving under drinking alcohol again after being punished for driving under the influence of alcohol; (b) thereby causing traffic accidents; and (c) the Defendant was driving under the influence of alcohol again, despite the history of punishment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes). In light of the Defendant’s blood alcohol concentration level at the time of the instant crime, etc., the Defendant’s liability for the crime is not less weak