beta
Text
A defendant shall be punished by imprisonment for 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
Punishment of the crime
On May 24, 2013, the Defendant received a summary order of a fine of three million won due to a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon, and on November 10, 2016, the same court received a summary order of four million won due to a violation of road traffic law (drinking driving).
On April 4, 2018, the Defendant driven Bone Star Cargo under the influence of alcohol content of about 0.096% from the 2km section of blood alcohol from the road near the Plock apartment in the Sinsi-si, Sinsi-si, Seoul, to the road in front of 11-12, the Gumi-si, the Gumi-si, the 17-ro, the Gumi-si.
Accordingly, the defendant, who violated the prohibition on drinking at least twice, was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs, a report on the circumstances of the driver driving, inquiry of the results of crackdown on drinking driving, a survey report on actual condition and photographs, and a photograph of CCTV for crime prevention;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;
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. In full view of the records of the crime of the same kind of crime and the time of the crime, the amount of alcohol concentration in the blood of this case, the circumstances and reflects on the crime, the character and conduct, environment, family relationship, etc. of the defendant, the punishment as ordered shall be determined as set forth in the above-mentioned sentence.