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 June 8, 2006, the Defendant received a summary order of KRW 1,00,000 from the Seoul Western District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on November 14, 2012, and a summary order of KRW 1,50,00 as a crime of violating the Road Traffic Act (drinking driving) on August 18, 2017.
On January 20, 2018, around 22:45, the Defendant driven BK 7 vehicles under the influence of alcohol level of 0.094% while under the influence of alcohol level of 0.094% without obtaining a driver’s license from the front of the Dacheon CGV in Echeon-si, Leecheon-si to the front of the net distance in front of the Sincheon-si, Songcheon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Written inquiry about criminal history, etc.;
1. Investigation report (Attachment of summary order) and application of summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licensed driving). Punishment of the crimes of violation of the Road Traffic Act which are heavier than punishment;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. It is so decided as per Disposition by comprehensively taking account of all the factors of sentencing under Article 51 of the Criminal Act, such as the time when sentencing is based on Article 62(1) of the Criminal Act, the frequency and degree of punishment for the same kind of crime, drinking volume and driving distance, Defendant’s age, sexual behavior, environment, etc.