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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 14, 2008, the Defendant was sentenced to a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 14, 2008, and on November 30, 2010, the Defendant was sentenced to a summary order of KRW 5 million due to a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on November 30, 201.
The Defendant was under the influence of alcohol content of 0.218%, and around September 2, 2014, the Defendant driven a Bknife vehicle at the 2km section from the Do located in the Goyang-gu U.S.-gu U.S.-S.-ri-si Bknif-si-ri-si-si dialogueed from September 15:03, 2014 to the front road of the private-distance area.
Summary of Evidence
1. Statement by the defendant in court;
2. Inquiry the results of the drinking driving control;
3. Previous records of judgment: Criminal history records, repeated statements, and the application of Acts and subordinate statutes reporting criminal investigations;
1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act of the option of punishment;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had been punished for drinking driving three times in the past, and the drinking driving is likely to cause serious human damage due to large traffic accidents, etc., which are disadvantageous to the defendant in terms of sentencing.
On the other hand, the fact that the defendant recognized all the facts charged in this case and reflected in it is an element of sentencing favorable to the defendant.
Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.