Text
A defendant shall be punished by imprisonment for not less than eight 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 10, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on November 22, 2010, the Defendant received a summary order of KRW 3 million for the same crime in the same court, and on October 17, 2014, received a fine of KRW 5 million for the same crime from the same court.
On November 13, 2017, the Defendant driven B rocketing car at a section of about 100 meters from the Do in front of the front door of the ambromo apartment in the Chang-si, Chang-si, Anchorodo, Anchorodo, under the influence of alcohol level of 0.13% among blood transfusion around 22:10.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to the same paper);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. The Defendant committed a second offense on the grounds of sentencing Article 62-2 of the Criminal Act, even though he was sentenced to three times a fine due to drinking alcohol driving.
However, the defendant is against the defendant, and there is no previous conviction exceeding a fine, and there was no accident due to drinking driving.
In addition, the defendant's family members and branch members desire to take a preference against the defendant, taking into account the records and arguments, such as drinking volume, the age of the defendant, sexual conduct, environment, details and motive of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the text.