beta
Text
A defendant shall be punished by imprisonment for six 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
On September 12, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Support for Suwon Mountain Villages on September 12, 2008, and was sentenced to a fine of three million won for the same crime in the Support for the Aged on January 30, 2009, and was sentenced to a summary order of five million won for the same crime in the Support for the Aged Industry on September 29, 2010.
On July 29, 2014, the Defendant, even though having had had a history of drinking twice or more, driven a D self-prinked vehicle with a blood alcohol concentration of about 10 meters from the 10-meter section of 0.200% at the front of the entrance of the above telecom, from the Goyang-dong-gu Celel parking lot located in Goyang-dong-dong, Manyang-si, Goyang-si to the front road of the entrance of the above telecom.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial report of the driver of the brewing ship;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's previous conviction (in the last ten years, one of them shall be three times within the last five years, and one of them shall be somewhat high) and the drinking level (0.200%), etc. shall be selected, and the sentence shall be determined as per the order, taking into consideration the distance and place of drinking driving, the background leading up to drinking driving, the defendant's age, character and behavior, the environment, the motive, means and consequence of the crime, the circumstances after the crime, etc.