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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 May 25, 2007, the Defendant was sentenced to a fine of 1.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act. On October 17, 2008, the Defendant was sentenced to a fine of 1.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act.
On August 26, 2012, at around 23:25, the Defendant driven a GLK220 CD 4M car with a blood alcohol concentration of 0.096%, and proceeded with approximately KRW 500 meters from the Gyeonggi High School located in Sinpo-si, Sinpo-si to the front road of the lusty resource located in Sincheon-si, Sinpo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;
1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act is very likely to criticize the Defendant in that he/she has reached the instant drinking driving even though he/she had been punished several times due to drinking driving in the past.
However, the sentencing conditions shown in the arguments of this case, such as the fact that the defendant is divided into his mistake, the driving of drinking alcohol only does not have the record of being sentenced to a fine, and the age and character of the defendant, the motive of the crime and the circumstances after the crime, etc., shall be determined as the sentence like the order.