beta
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 7, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the same court on October 23, 2014, respectively.
On August 7, 2018, at around 09:30 around 09:30 around Naju, the Defendant driven F-wing and Ⅲ Cargo Vehicles while under the influence of alcohol leveling 0.183% during blood alcohol level from around 500 meters to the front road of Naju apartment E-si.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the record of drinking testing and the result of regulating drinking driving;
1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each 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 defendant shall be selected to be sentenced to imprisonment at once with prison labor on the grounds of sentencing Article 62-2 of the Criminal Act, taking into account his/her drinking alcohol driving force, etc.
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.