Text
A defendant shall be punished by imprisonment for six months.
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
On October 19, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on October 19, 2006, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon Flag Flag on November 2, 2007.
Criminal facts
On July 5, 2017, the Defendant driven a Category C car in the state of alcohol alcohol concentration of approximately 0.075% in a section of about 500 meters from the roads near the Young-ro shopping mall located in the Young-gu Tong, Young-gu, Suwon-si to the front road of the Young-gu, Seoul High School located in the same Dong.
As a result, the defendant had been punished for drinking driving two times, but he again driven under drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. References to inquiries, such as criminal history, and the application of the judgment text;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. Suspension of execution under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) - The circumstances unfavorable to the reasons for sentencing - the defendants have the record of having been punished several times for the same kind of crime. The favorable circumstances - the defendants recognize all the criminal facts. - The defendants have no record of having been sentenced to a fine exceeding the fine until now. - The defendant shall take into account the circumstances where about 10 years have elapsed from the time he/she was sentenced to punishment for the same crime. In consideration of all the conditions of sentencing revealed in the trial