Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On August 30, 2010, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on the summary order on April 1, 2016, and a fine of KRW 4 million to a violation of the Road Traffic Act at the Changwon District Court on April 1, 2016, respectively. On July 7, 2016, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act.
On May 29, 2018, the Defendant driven a knife car in the state of alcohol alcohol concentration of approximately 0.138% from a section of approximately 200 meters to a Do square in front of the Do square, which is located in the window dong in Changwon-si, Changwon-si, the Defendant driven a knife car at around 00:40 to the Do square in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and 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;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order and the order to attend a lecture lies in depth and reflects the defendant's wrongness, and there are some circumstances to consider the motive and circumstances leading to the crime of this case, and the defendant has been punished for the same kind of crime even before. In addition, the defendant set the punishment like the order by taking account of various conditions of sentencing as shown in the records and arguments, including the following circumstances, the defendant's age, sexual behavior, intelligence, environment, etc., after the crime of this case.