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A defendant shall be punished by imprisonment for one year.
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 November 11, 2010, the Defendant was sentenced to a suspended sentence of 6 months by a fine of 3 million won by a crime of violating the Road Traffic Act (driving) at the Incheon District Court. On July 9, 2010, the above court was sentenced to a fine of 3 million won by a crime of violating the Road Traffic Act (driving). On July 9, 2010, the above court was sentenced to a fine of 2 million won by a crime of violating the Road Traffic Act (driving).
On June 22, 2014, at around 08:00, the Defendant driven Bcoc car in the state of alcohol with approximately 10 meters alcohol concentration of 0.156% from the front road to the front road of the new 32-ro, Nowon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and the results of crackdown on drinking driving;
1. C’s statement;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (the grounds for sentencing following the suspended sentence)
1. Defendant shall be punished strictly in light of the fact that he/she drives a second drinking alcohol despite his/her past record of punishment three times due to the reason of sentencing under Article 62-2 of the Criminal Act, such as probation and community service order and lecture order;
b. However, considering the fact that the defendant is against the defendant and the driving distance is short, the age, character and conduct, environment of the defendant, the motive, background, means and result of the defendant's crime of this case, the circumstances before and after the crime of this case, and other circumstances shown in the records of this case, the punishment shall be determined as ordered.