beta
Text
A defendant shall be punished by imprisonment with prison labor for up to 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 November 5, 2010, the Defendant issued a summary order of a fine of KRW 5 million at the Gwangju District Court for a violation of the Road Traffic Act (drinking driving), and on May 7, 2010, a summary order of KRW 1 million at the Gwangju District Court for a violation of the Road Traffic Act (drinking driving), respectively, on which he/she has violated Article 44(1) of the Road Traffic Act at least twice.
On April 9, 2018, the Defendant driven a B-learning car under the influence of alcohol content of about 0.089% from the 1km section of blood alcohol level to the front road of the Gwangju Mine-gu, only from the front side of the Nam-dong apartment site located in Gwangju Mine-gu, to the front side of the G-gu funeral hall.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;
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. An order to attend a course of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, in consideration of the defendant's records of driving alcohol (three times including long-term electric power), shall be imposed;
Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.