Text
A defendant shall be punished by imprisonment for 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 February 15, 2011, the Defendant was issued a summary order of two million won or more for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of four million won or more for the same crime at the same court on February 18, 2013, respectively.
On April 30, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.132% from the Do in the vicinity of the Mine-Support Hospital located in the Busan East-dong, Busan, to the roads located in the Seocheon-dong, Seocheon-gu, Busan, for approximately 4km to the roads located in the Seocheon-gu, Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;
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 reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been punished twice by a fine due to drinking driving, but he/she went to commit the instant crime, and it is difficult to achieve the purpose of punishment due to a fine;
Since the sentence is selected, the sentence shall be suspended at the same time, taking into account the favorable circumstances that only the two times of the above fine, and taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and taking into account various sentencing conditions as shown in the arguments in this case.