beta
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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 10, 2012, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, and KRW 3.5 million as a fine at the Seoul Western District Court on December 27, 2013.
On March 28, 2015, around 04:30, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 60 meters alcohol concentration of 0.116% from the front of the new forest station in Guro-gu Seoul, Guro-gu, Seoul, to the front of the new forest station in 117-21, the new end of 16:70, the same new end of 16:70.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. A report on the actual state of the driver;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a copy of summary order of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order is the crime of drinking without a license in 2012 and 2013, each of which was punished by a fine for the crime of drinking without a license in 2014, and the crime of drinking without a license in 2014 was committed, and the charge of the crime of drinking without a license in 2014 is relatively high. However, in light of the fact that the defendant is found to commit the crime, the fact that the defendant recognizes and reflects the crime, the fact that the defendant has no record of punishment exceeding the fine, and the defendant has no record of being punished, and