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 October 20, 2006, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daegu District Court and the Daegu District Court on April 30, 2008, a summary order of KRW 5 million for the same crime in the same court on April 30, 2008, and a summary order of KRW 3.5 million for the same crime from the Ulsan District Court on July 4, 201.
【Criminal Facts】
As above, the Defendant had been punished twice or more for the violation of the Road Traffic Act, but around June 24, 2016, at around 23:03, while under the influence of alcohol, at least 0.09% of the blood alcohol level, the Defendant driven Crocketing car at a level of about 500 meters from the front day of the mouth fright in the south-gu movement at port to the front day of the southyang industry located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Criminal records and other references, and the application of Acts and subordinate statutes related to inquiry reports and investigation reports;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Consideration of various factors for sentencing indicated in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after crimes, other than the following circumstances: The circumstance that there was no history of punishment exceeding the fine for driving under the influence of alcohol: The traffic accident caused by simple driving under the influence of alcohol; the fact that there is no history of punishment exceeding the fine;