Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 14, 2008, the Defendant was sentenced to 4 months of imprisonment and 1 year of suspended sentence due to a violation of the Road Traffic Act in the Incheon District Court. On March 10, 2008, the Defendant issued a summary order of 2.5 million won of fine for the same crime in the support of the Suwon Friwon Friwon, and on March 16, 2007, the summary order of 1.5 million won of fine was issued for the same crime.
On November 14, 2017, when the defendant had a history of driving alcohol twice or more as above, the defendant driven Bchip car under the influence of alcohol concentration of 0.162% in blood around November 14, 2017 and proceeded with approximately 3 km from the front of the Do Do Do Do dong-dong, Incheon, Nam-gu, Nam-gu, Incheon to the front road of 1202, Nam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: References to inquiries, investigation reports (verification of the same kind of force), judgment attached thereto, and application of each Act and subordinate statute of a summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Order to Attend Education Act, Article 59 of the Act on the Protection, Observation, etc. of the same kind of crime, even though the defendant had four times of the same crime, is not guilty in the case of operating a motor vehicle under the influence of alcohol. However, for about nine years, the record of punishment for the same crime is not verified, the fact that there was no violation of other traffic-related Acts and subordinate statutes, the fact that the defendant's mistake was too late, and all other circumstances constituting the condition for sentencing, such as the defendant's age, sexual behavior, environment, family relationship, etc., shall be considered and determined as above.