Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On August 29, 2006, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic laws at the Jung-gu District Court on August 29, 2006. On October 4, 2011, the Defendant was sentenced to a suspended sentence of 4 months for the same crime by the same court.
[2] The Defendant 1 driven BNEW EF rocketing or other vehicles under the influence of alcohol content of about 0.120% from the 1km section of Dongdaemun-gu, Seoul to the 38-1st road of about 37-ro 47, 2016, despite the fact that there was a history of violating Article 44(1) of the Road Traffic Act twice or more.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of a report on detection of drivers of alcoholic beverages and of measurement records of drinking alcohol;
1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry, reply, and like electric records;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Taking into account the criminal records of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act;