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
Punishment of the crime
On October 28, 2008, the Defendant issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the District Court on March 28, 2008, and KRW 4 million as a case of the same crime in the same court.
On May 15, 2016, 01:3, the Defendant: (a) moved B while under the influence of alcohol level of about 0.097% in blood alcohol level from approximately 400 meters to the restaurant front of the restaurant in the same Dong, from the waton-dong, U.S., Dong-dong, U.S., Dong-dong, Dong-dong, Dong-dong, to drive a car.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same military record of the suspect);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol content, the record of punishment for drinking driving (two times), the gap between time and the day of the immediately preceding detection, the fact that there is no history of punishment exceeding the fine, and the fact that there is no history of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as ordered by the Disposition.