beta
Text
A defendant shall be punished by imprisonment for 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
On September 25, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court on September 25, 2013 at the Gwangju District Court on September 25, 2013.
On January 15, 2016, the Defendant, while under the influence of alcohol content of 0.09% on blood alcohol content, driven C Poter vehicle at approximately 2 km away from the front of the 611 new village, due to the pressure damage in the 15:13, 2016, on the road in front of the restaurant “Yannam-gu, Yandong-ro, Yannam-gun, Yannam-gun, Yan-gun, Yan-gun, Yan-gun
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Notification of the actual condition survey report, related photographs, the circumstantial statement of a drinking driver, and the results of the crackdown on drinking driving;
1. Previous records of judgment: The application of criminal records and investigation reports (report attached to the previous case rulings, etc. of the suspect)-related Acts and subordinate statutes;
1. Relevant Acts of crime, 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. The execution of a sentence shall be suspended in consideration of favorable circumstances, such as the fact that probation, community service, or order to attend education reflects the error in sentencing reasons under Article 62-2 of the Criminal Act, but the execution of a sentence shall be ordered to be suspended in consideration of the occurrence of minor traffic accidents in the course of driving alcohol by the defendant, the occurrence of a suspended sentence of imprisonment for the same crime, and the possibility of recidivism;