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 October 17, 2006, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) on the support of the Suwon Friwon method, and on July 26, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the same court on July 26, 2012, and on October 18, 2012, the Defendant was issued a summary order of KRW 6 million due to a crime of violating the Road Traffic Act (drinking driving).
On June 8, 2017, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.165% at the middle school located in Ansan-si from the back of the station located in Ansan-si to the remote distance of the central elementary school located in Ansan-gu, Seoul-gu, Seoul-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;
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. When considering the defendant's records of the same punishment for sentencing reasons under Article 62-2 of the Criminal Act, it is inevitable to choose a sentence of imprisonment even if the defendant's favorable circumstances are considered.
However, considering the fact that the defendant shows an attitude against the defendant, there is no record of punishment exceeding the fine, and other conditions of all the sentencing as shown in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, the same sentence as the order shall be determined.