beta
Text
A defendant shall be punished by imprisonment with prison labor for up to 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 July 16, 2009, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Ulsan District Court on July 16, 2009, a fine of two million won for the same crime in the same court on April 5, 2010, and a fine of two million won for the same crime in the same court on July 2, 2010 and five times for the same crime.
【Criminal Facts】
On January 24, 2015, at around 23:12, the Defendant driven B-do car at about 1 km from the front of the National Bank located in Ulsan-gu, Ulsan-si to the MBC shooting distance located in the same Gu with the alcohol concentration of 0.153%.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the detection of a drinking driver, inquiry into the results of the control of drinking driving, and written appraisal of the concentration of blood alcohol;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act, even though many people of the same kind of sentencing were to repeat drinking again, Defendant should be punished strictly. However, the fact that the defendant is mistakenly recognized and contradictory, and all of the sentencing conditions shown in the records, such as Defendant’s age, character and conduct, and environment, shall be determined as ordered by taking into account the following factors.