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
[Criminal Experience] On March 30, 2007, the Defendant was issued a summary order of KRW 150,000,000 by the Changwon District Court on July 30, 2007 to a fine of KRW 1,50,000 as a crime of violation of Road Traffic Act (driving), and a fine of KRW 4 million as a crime of violation of Road Traffic Act (driving) at the Changwon District Court on July 30, 2007. On May 24, 2012, the Defendant was sentenced to a fine of KRW 5,00,000 as a crime of violation of Road Traffic Act (driving)
[2] On April 4, 2018, at around 18:10, the Defendant driven B-low-car volume while under the influence of alcohol content 0.168% at a 1km section to the front road of the Dong-Eup's civil petition center located in the 847 --- --------- ---- ---- ---- ---- --- --- ---- --- --- ---- --- ---- ---
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual condition, a statement on the circumstances of the driver at the main place, and an investigation report (a report on the situation of the driver at the main place);
1. On-site photographs and photographs of a black stuff image;
1. Previous convictions in judgment: Inquiry about criminal history, application of each summary order, and copy of the text of judgment;
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. 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 reason for sentencing under Article 62-2 of the Criminal Act, the Defendant committed a second offense without being aware of the past five times or more due to drinking driving.
The degree of alcohol is not less weak, and the actual traffic accident was caused by its influence.
Furthermore, the Defendant committed a second offense in the past, even though he was aware of the risk of driving under drinking while having been punished by causing a traffic accident while driving under drinking, even though he was aware of it.
A police officer after an accident.