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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
In the Jeonju District Court on December 10, 2007, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Jeonju District Court on the grounds of the violation of the Road Traffic Act, the summary order of KRW 2 million for the same crime in the same court on July 23, 2009, and the summary order of KRW 4 million for the same crime at the Changwon District Court on December 28, 2009, respectively.
As above, the Defendant is a person who violates Article 44(1) of the Road Traffic Act at least twice.
On August 6, 2015, the Defendant, while under the influence of alcohol at 0.153% of blood alcohol level on August 22, 2015, driven a 2km car at a distance of about 2 km from the front point of the “lub bridge” located in the Yasi-dong in the same city and in front of the clinical intersection located in the same city from the front point of the “lub bridge” to the front point of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of the control of drinking driving (10 pages of investigation records);
1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that there appears to repent and reflect wrongs, and that there exists a history of having been punished several times for the same kind of crime, but there exists no history of having been sentenced to more severe punishment than a fine within the last ten years);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);
1. Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;