Text
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal history] On October 10, 2006, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving), etc. at the Busan District Court, and was sentenced to a summary order of 2.5 million won due to a violation of the Road Traffic Act at the Busan District Court on September 30, 2010. On November 5, 2010, the Defendant was sentenced to a summary order of 3 million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court and the Busan District Court on May 3, 2013. On May 30, 2014, the Defendant was sentenced to a fine of 7 million won due to a violation of the Road Traffic Act (driving), who was sentenced to a suspended sentence of 8 years due to a violation of the Road Traffic Act (driving), etc. at the Busan District Court on May 30, 2014, and became final and conclusive on June 2, 2014 as a person who violated the Road Traffic Act.
[Criminal facts] On April 12, 2016, the Defendant driven a 150-meter B obbb in the shape of alcohol content of around 0.143% at around 11:30 on the blood, and the Defendant driven approximately 150 meters from the 55-23rd way to the obb in front of the water-related development.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
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;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. The sentencing of Article 62-2(1) and the main text of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attending can only be punished due to drinking for the reason of sentencing. However, the criminal liability of the defendant is unfasible, such as repeating driving of again during the period of suspension of execution. However, the defendant's disposition of the instant Otobba and again made the defendant not to drive drinking again, and the sentencing conditions such as the character, character, environment, etc. of the defendant are against themselves.