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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 the above judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On December 5, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on December 5, 2014, and KRW 4 million for the same crime in the same court on March 9, 2015.
[2] On December 27, 2016, the Defendant driven a Brash vehicle under the influence of alcohol concentration of about 0.113% on the road from 231-12, to 29:29, the head of the Sim-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gyeongnam-gun, the head of which is around 00:40 to 0.113%.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, (A) and application of the same summary order statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture was that the Defendant had a record of criminal punishment of fines due to drinking driving on two occasions, but also caused an accident by driving under drinking.
However, there is no record of criminal punishment in addition to the criminal punishment of a fine on two occasions that the defendant reflects his or her wrongness.
Other factors such as the age, sex, environment, motive and background of the crime, circumstances after the crime, etc., which are prescribed by Article 51 of the Criminal Act, shall be comprehensively considered, and the punishment shall be determined as ordered.