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
Criminal facts
[criminal power] The defendant was punished by a fine of two million won for a violation of the Road Traffic Act at the District Court of Jung-gu on December 17, 2008, and a fine of one million won for the same crime in the same court on March 20, 2013, and the same year
6. 19. The same court was sentenced to a fine of five million won for the same crime.
【Criminal Facts】
On January 25, 2014, at around 01:12, the Defendant driven approximately 5 meters a B knit vehicle under the influence of alcohol concentration of 0.091% without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, driver's license inquiry, and the report on the situation of driving under the influence of alcohol;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The positive circumstances for sentencing under Article 62-2 of the Criminal Act: The positive circumstances for sentencing under Article 62-2 of the Act on Probation and Order to Attending: The defendant has shown an attitude to mislead and reflect the defendant, and the defendant has not driven a vehicle: The defendant again commits the crime of this case even though he had been punished by a fine for the same kind of crime at least twice, etc.