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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
【Criminal Records of Crimes】 On July 28, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1,50,000 for the same crime in the same court, as the same offense, at the Ulsan District Court on July 28, 2010.
【Around April 13, 2017, on April 13, 2017, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.082% in a section of approximately 1km from the front side of the Nandong-dong, Ulsan-gu, Ulsan-gu, Nandong to the fourth restaurant of the Nandong unit to the front side of the same Yan Manpo-gu.
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. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of suspect 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. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order of education are sentenced to a fine for the crime of violating the Road Traffic Act and the crime of damaging public goods in the year 2000, in addition to the past record of violating the Road Traffic Act (driving of Drinking) by the introduction of the criminal facts. The punishment shall be determined as ordered by the order, taking into account the following: (a) this is the fourth drinking driver; (b) the distance of driving of drinking driving is not short; and (c) the defendant's other criminal records are many.