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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 June 27, 2006, the Defendant was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act (driving) in the Southern District Court of the Jeonju on June 27, 2006, a fine of KRW 1.5 million for the same crime in the same court on April 30, 2010, and a fine of KRW 3 million for the same crime in the same court on August 1, 201.
On August 29, 2015, at around 20:0, the Defendant driven a C Costex truck with approximately KRW 500 meters alcohol content 0.158% while under the influence of alcohol from the section of approximately 500 meters to the 88 Highway Dolsan, located in the same side of the Defendant’s house located in Namwon City B.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
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 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);
1. The fact that the defendant again committed the crime of this case despite the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act had already been punished for drinking driving several times is disadvantageous to the defendant.
However, considering the fact that the defendant reflects the fact that the distance of drinking driving of this case is relatively short, the circumstances favorable to the defendant shall be considered, and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.
It is so decided as per Disposition for the above reasons.