beta
Text
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On April 13, 2012, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) at the Chuncheon District Court on April 13, 2012, and a fine of four million won due to a violation of the Road Traffic Act (driving) at the same court on August 24, 2012. On February 14, 2013, the Defendant was sentenced to imprisonment of eight months and a suspended sentence of two years.
On May 31, 2015, at around 05:00, the Defendant driven a Dschnton car under the influence of alcohol content of about 0.186% from the road front of the Cju store located in Hongcheon-gun, Hongcheon-gun, for approximately 2 km to the road front of the same 110-ro Gun-ro.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs;
1. Notification of the control of drinking driving;
1. Investigation report (the calculation of the blood alcohol concentration in the form of the Ba mark);
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (applicable to the same type of criminal records and attachment of judgment);
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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's blood alcohol concentration is very high, that the defendant has the penalty power due to drinking driving three times is disadvantageous, and that the defendant reflects the crime is favorable.
The punishment shall be determined by combining them.