beta
Text
A defendant shall be punished by imprisonment for one year.
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 April 15, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Incheon District Court on April 15, 2009, a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the same court on June 15, 2010, and a fine of KRW 7 million as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court Branch of the Incheon District Court on May 15, 2012.
At around 04:00 on April 21, 2015, the Defendant started from the long-ranged roads of the mountain village of the mountain village located in the Yongsan-gu, Seoyang-gu, Busan-si, Seoyang-si, and driven a DNA car under the influence of alcohol with approximately 0.084% of blood alcohol concentration from the section of about 3km up to the front road of the military police police group of about 04:20 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each previous record of the report on detection of a host driver and the circumstantial report on a host driver;
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;
2. Application of the sentencing criteria: Offenses for which the sentencing criteria are not set small and illegal; and
3. A suspended sentence of two years, etc. for one year (including the case of previous convictions of the same kind, the case of drinking alcohol, the circumstances leading up to crackdown, the relationship between dependants, the economic situation and mistake, etc.);