Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 29, 2010, the Defendant was sentenced to a fine of KRW 1 million on October 22, 2015 by a fine of KRW 3,50,000,000 for a violation of road traffic law in the Changwon District Court's Jinju branch on April 29, 201, and was sentenced to a summary order of KRW 3,50,000 for the same crime in the same court, respectively.
At around 21:30 on November 7, 2017, the Defendant driven a B-car under the influence of alcohol level of about 0.184% from a 500-meter section from the first boomed road before Jinan-dong Haakdong, Jin-dong to the front road of the same name apartment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act before driving alcohol in the last five years and only one time);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;