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
The Defendant is a person who was sentenced to a fine of KRW 3.5 million in the same support as a fine of KRW 2 million in the Goyang-gu District Court's Goyang-do, which was a crime of violation of the Road Traffic Act on December 21, 2007, and a fine of KRW 3.5 million in the same support as on September 5, 201.
At around 14:50 on April 29, 2014, the Defendant driven a passenger car with approximately 500 meters section from the front of a cafeteria, which is located in the mix, in front of the entrance of the said mix, to the front of the entrance of the said mix, in a state of under the influence of alcohol of 0.074 percent of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);
1. The punishment as ordered shall be determined in consideration of the favorable circumstances, such as the fact that the defendant for sentencing of Article 62-2 of the Criminal Act has a large number of records of punishment for the same kind of crime, and the fact that his mistake is recognized and repented, and the favorable circumstances, such as the age, character and conduct of the defendant, and circumstances after the crime, etc.;
It is so decided as per Disposition for the above reasons.