Text
A defendant shall be punished by imprisonment with prison labor for up to 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 August 10, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on August 10, 2012, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on January 19, 2016.
On July 1, 2017, around 22:05, the Defendant driven a E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A survey report on the actual condition of a traffic accident and a map on the scene of a traffic accident;
1. A report on the circumstances of driving and the driver's circumstantial statement;
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.
- Not less than a serious reflect, or not less than a stay of execution, and is clear of social relationship, with which the detention of the defendant is accompanied by excessive difficulty to his dependants - not less than 0.2% of the alcohol concentration in the bloods;