Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On November 24, 2008, the Defendant issued a summary order of KRW 1 million in fines for a crime of violating the Road Traffic Act at the Changwon District Court on a violation of the Road Traffic Act, and on December 21, 2015, the same court issued a summary order of KRW 2 million in fines for the same crime.
around 04:30 on April 6, 2016, the Defendant driven BMW car under the influence of alcohol content of approximately 0.110% from the section of approximately 100 meters to the front road of “other sugar” located in the same as the trade name in the sponsed spons of Changwon-si, Changwon-si.
around 03:55 on April 1, 2016, the Defendant driven BMW car with approximately 100 meters alcohol concentration at approximately 0.067% while under the influence of alcohol in the blood, from the road front of the mutual influent drinking house in the Guro-gu, Changwon-si to the road front of the same Gu cooling-ro 10 to the road.
Summary of Evidence
"2016 Highest 971"
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. "Inquiry about criminal history and report on investigation (Attachment to a summary order of the same type of force)" 2016 Madan 1140;
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. An order to attend a course under Article 62-2 of the Criminal Act;