beta
Text
A defendant shall be punished by imprisonment for six months.
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 April 28, 2009, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on April 28, 2009, and on May 23, 2012, the Defendant was sentenced to a fine of KRW 3.5 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court's Seoul Southern District Court.
On September 18, 2015, the Defendant violated Article 44(1) of the Road Traffic Act two or more occasions, and driven B-low-low-income motor vehicle under the influence of alcohol 0.122% in a section of about 5km from the 00:22 Silung-dong to Silung-si, Silung-si, to the front road of the Fire Safety Center 3237 119.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employer and the report on detection of the employer;
1. A written appraisal of alcohol during blood;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act
1. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (the following consideration):
1. The sentencing reasons of Article 62-2 of the Criminal Act, even though the defendant had the record of drinking driving, is not less vulnerable to the punishment for the crime of drinking driving in this case, however, considering the fact that he/she is likely to reflect his/her mistake and not to repeat the crime, the punishment as ordered shall be determined.