Text
A defendant shall be punished by imprisonment for not less than eight months.
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 January 27, 2011, the Defendant was issued a summary order of a fine of 1.5 million won by the Seoul Northern District Court for a violation of the Road Traffic Act.
Defendant,
1. On July 3, 2013, while under the influence of alcohol on July 23, 2013, around 0.116% of blood alcohol concentration, B rocketing car is driven at approximately 3 km from the vicinity of the intersection distance located in Guririsi to the road located in 237-9 of the same Siri-dong;
2. The same month;
4. A person driving a vehicle at about 30 meters from the above control point to the nearby alley while under the influence of alcohol of 0.103% again even though it had been controlled due to drinking, as described in paragraph 1, at around 00:12;
3. The same month;
9. Around 21:30, while under the influence of alcohol content of 0.134%, the said car was driven by approximately 4 meters in the vicinity of the road near the restaurant for Dagri-si 438-58, Kuri-si, Kuri-si.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C, D, E, or F;
1. Report on the results of crackdown on drinking driving, report on the circumstances of drinking driving and the circumstantial report on drinking drivers;
1. Report on detection of any suspect in violation of the Road Traffic Act, inquiry into the results of the control of drinking driving, report on the circumstances of drinking driving and report on the circumstances of drinking drivers;
1. The circumstantial report on a drinking driver, the results of regulating drinking driving, and the report on the circumstances of drinking driving;
1. Division: Application of Acts and subordinate statutes to inquiry reports and investigation reports (report attached to the previous records of a suspect and the summary order related thereto);
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act of the suspended execution is repeated for a short period of time by the defendant, and the drinking alcohol is also reasonable, and it is conducted after drinking control;