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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 27, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking driving) in the Gwangju District Court's Netcheon Branch on June 27, 2008, and a fine of KRW 2 million due to a violation of road traffic law (dacting driving) in the same court on September 18, 2015.
Nevertheless, on May 29, 2018, the Defendant driven BS-type car under the influence of alcohol content of about 0.180% at a distance of about 200 meters from the front of the Cheongdol cafeteria cafeteria, which is located in the Cheongcheon-si Ordinance, to the front of the fishery market located in the same Dong, in the direction of approximately 17:40 meters.
As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. References to inquiries, such as criminal history, and application of Part II of the summary order;
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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the previous conviction of a fine of the same kind on the grounds of sentencing under Article 62-2 of the Social Service Order Act and three times; (b) while there are no other previous convictions; (c) the Defendant’s age, sex, family relationship, environment, circumstances, and result of the crime; and (d) the circumstances after the crime.