beta
Text
A defendant shall be punished by imprisonment for not less than eight 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
On April 28, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Seoul Central District Court on August 28, 2009. On June 9, 201, the Defendant was sentenced to a suspended sentence of 1.5 million won for the same crime at the Jung-gu District Court on June 9, 201, and was sentenced to a summary order of 1.5 million won for a violation of Article 44(1) of the Road Traffic Act.
On April 17, 2016, at around 23:45, the Defendant driven a B low-speed car in the state of alcohol alcohol concentration of about 0.131% from the 1km section to the front road of the name month located in the same Eup/Myeon, from the front of the chilling city, Han-si, Han-si, Han-si, Han-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of a written inquiry, text of judgment, and summary order, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. Circumstances that are favorable to the determination of punishment as ordered in consideration of the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact that alcohol content in blood is higher than 0.131%, the fact that there are several records of criminal punishment for the same kind of crime, and other circumstances that have the history of criminal punishment for the same kind of crime: driving circumstances of this case, the age of the defendant, sex behavior, environment, etc.;