beta
Text
A defendant shall be punished by imprisonment for six 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
[criminal power] On September 18, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on September 18, 2008, and a summary order of KRW 3 million as a fine in the same court on January 21, 2010.
【Criminal Facts】
On June 14, 2016, at around 16:05, the Defendant driven a DNA motor vehicle under the influence of alcohol content of about 0.104% in a section of about 250 meters from the front of the 'C' restaurant located in Gwangju-si, Gwangju-si, to the front of Samri-ri located in 39, Sejong-si, Seoul-si, at around 16:10 on the same day.
As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;
1. On-site photographs (No. 4 No. 1);
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports (a) and Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (not less than six times in case of various traffic crimes, traffic accidents, and drinking and taking into account the occurrence of traffic accidents, drinking and taking into account, etc.);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confessions and reflective points);
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the suspended sentence);
1. Order to attend lectures under Article 62-2 of the Criminal Act;