Text
A defendant shall be punished by imprisonment for 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 June 30, 2008, the Defendant issued a summary order of one million won of a fine at the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and on June 29, 2009, the same court issued a summary order of two million won of a fine for the same crime.
Despite the fact that the Defendant had violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a BP car under the influence of alcohol content 0.167% from the 2km section of approximately 2km to the front road of the same Eup/Myeon from the 17-2 neighboring cafeteria-dong, Changwon-si, Changwon-si, Seoul Special Metropolitan City, to the front road of the 2km-dong, the main road of the 17-2 neighboring cafeteria-dong, Changwon-si, Seoul Special Metropolitan City, to the front road of the 2769 gold screen.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal history;
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Life sentence of the prosecutor - One year of imprisonment;
2. Sentence - Sentence 6 months of imprisonment, and two years of suspension of execution shall be chosen to imprisonment in consideration of drinking or non-licensed driving power over several occasions;
However, the punishment shall be mitigated by taking into account the favorable circumstances in which the confession was made and there is no record of the suspension of execution or more severe punishment, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the various sentencing conditions in Article 51 of the Criminal Act as stated in