Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【The Defendant issued a summary order of KRW 4 million on January 12, 2015, to a fine of KRW 5 million on the ground of a violation of road traffic law at the Suwon Flag Flag Flag, and on August 26, 2015, the Defendant was issued a summary order of KRW 5 million on the ground of the same crime, etc.
【Defendant Inasmuch as the above person was punished twice or more due to drinking driving, Defendant 1 driven Bolf2.0 TDI car at the section of approximately 200 meters from the Seoul Fol Folf 2.0 TDI car from the road located in the Young-si, Young-si, Seoul Pung-si, and the front side of the Sinwon-si, which was under the influence of alcohol at around 00:50 on February 3, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement, vehicle photograph, and report on detection of the driver at the main place of business prepared C;
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( favorable circumstances among the reasons for sentencing) - Although the Defendant had been subject to punishment several times for the same kind of crime, the Defendant again committed the principal offense. - The Defendant’s blood alcohol concentration high at the time of committing the crime. The favorable circumstances - the Defendant recognized all the criminal facts. - There is no past record of having been sentenced to the suspension of qualification or heavier punishment.