beta
Text
A defendant shall be punished by imprisonment for one year.
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 January 25, 2007, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch branch, and on March 22, 2010, a summary order of KRW 1 million for the same crime from the Changwon District Court's Seoyang Branch.
On April 6, 2017, the Defendant driven B Poter II truck under the influence of alcohol content of about 0.222% in a section of about 40km from the 470-21st road to the undersided road of the Geum-gu Water-Si, Yangsan-si, Yangyang-si, Yangyang-si.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the liability for the crime shall not be mitigated in light of the repetition of the same type of crime, the risk of repeating the crime, and the degree of drinking volume up to 0.22%; however, there is no record of punishment heavier than a suspended sentence due to the same type of crime, or a traffic accident not accompanied by any other matter, or other circumstances, such as the details of the crime, degree
1. Protective observation and community service order under Article 62-2 of the Criminal Act;