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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 4, 2006, the Defendant issued a summary order of KRW 500,000,000 as a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court, and on August 22, 2012, the same court issued a summary order of KRW 3 million for the same crime.
On September 3, 2015, the Defendant driven a BS halog car with approximately 1 Km alcohol concentration of about 0.176% under the influence of alcohol while under the influence of alcohol, from the street in front of the free market located in the Yellow-si, Taecheon-si to the south of the river located in the same city of yellow-si to the area of the national highway transmission of approximately 38m of approximately 0.176% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on the actual condition, a report on the detection of a driver of the main food, and an appraisal report on alcohol during blood;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 community service order under Article 62-2 of the Criminal Act;