beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
On September 26, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving). On December 30, 2008, the Defendant was a person with the record of being sentenced to a summary order of KRW 2.5 million by a violation of the Road Traffic Act (driving). On September 26, 2013, the Defendant was driving a B truck with B truck under the influence of alcohol concentration of KRW 0.059% while under the influence of alcohol level from the wing distance in the galscambal behavior in the Dongducheon-si, Yancheon-si to the front side of the galscambal city in Yangju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and investigation reports (Attachment of copies of summary order);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);
1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);
1. Although there is room for a strict punishment on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., in light of the following: (a) even though the defendant had a record of punishment for drunk driving twice or more times, he/she only conducted drinking driving in the instant case; (b) the defendant is led to confession and not repeating; (c) there is no record of punishment exceeding the fine due to drunk driving; and (d) there is no record of punishment exceeding the fine due to drunk driving; and (c) the blood alcohol concentration of the instant case is not high