Text
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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was a person on June 14, 2010, and January 26, 2017, who violated the prohibition of drinking under the Road Traffic Act.
On April 18, 2017, the Defendant driven a 500-meter B string vehicle in front of the restaurant in which the name of the mother Ri of Seopo-si in Seopo-si cannot be identified, while under the influence of alcohol 0.097% during blood transfusion, from around the restaurant in which it is difficult to find out the trade name of the mother Ri of Seopo-si in Seopo-si to the front day of the mother Ri of the same Eup.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Results of regulating driving of drinking;
1. Statement report on the circumstances of the driver at home;
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 (verification of violation of the regulations on drinking driving);
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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1540
1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);
1. Protective observation and order to provide community service, and order to attend lectures under Article 62-2 of the Criminal Act (the period between the instant crime and the crime of drinking immediately before, is deemed short, and thus, the risk of recidivism is greater;
[Judgment]