Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
(1) On February 1, 2010, the Defendant was sentenced to a suspended sentence of 1.5 million won for a crime of violating road traffic laws in the Seo-gu District Court’s Seo-Support on February 1, 2010, and a fine of 4 million won for a crime of violating road traffic laws in the Seo-gu District Court’s Seo-Support on May 16, 2014. On October 31, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws.
【Criminal fact-finding on October 7, 2016, the Defendant driven a vehicle with alcohol concentration of at least 0.124%, while under the influence of alcohol level of at least 0.124% in front of the kindergarten, from the road in front of the rink long-term building located in the Daegu Seo-gu, Daegu-gu, Daegu-gu, to the road in front of the 150-meter long-term road in front of the Daegu-gu, Seo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a written statement of the situation of the driver;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports, and Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act on the Suspension of Execution (when considering the fact that the defendant committed the crime of this case during the period of probation for the same crime, the punishment for such crime shall be unlimited: Provided, That the execution of a punishment shall be suspended only once, considering the fact that the defendant led to a confession of the crime and shows an attitude against his depth, that the defendant would not repeat again after selling the vehicle operated, that the degree of the defendant's main employment at the time of the crime of this case is relatively excessive, that the defendant supports the old and the three children whose health is not good, and that the defendant supports the old and the three children, etc.);
1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;