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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
[criminal power] On April 28, 2008, the Defendant was issued a summary order of KRW 1 million at the Cheongju District Court for a violation of the Road Traffic Act (driving). On May 2, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 18, 2016, at around 06:03, the Defendant driven a car with approximately KRW 500 meters from the front of the restaurant in the trade name of Jungcheon-gu, Jungcheon-si, in a state of under the influence of alcohol 0.162%.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry the results of the drinking driving control;
1. A report on the state of the operation of a motor vehicle;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);
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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The reasoning for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as per Disposition in consideration of the defendant's age, family environment, past criminal records, circumstances after the crime, etc., such as the fact that the defendant had been punished twice for the same kind of crime in the past, unfavorable circumstances such as the fact that the blood alcohol level in the instant case is not low, the defendant's time of committing the crime, the fact that the defendant has no record of punishment exceeding the previous fine, and other favorable circumstances such as the defendant's age