beta
Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On August 4, 2006, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on November 23, 2015, a summary order of KRW 1,50,000 as a fine for a crime of violation of the Road Traffic Act was issued by the Changwon District Court.
On November 17, 2018, at around 05:20, the Defendant driven a C Lastren vehicle with approximately 5 meters of alcohol level 0.128% under the influence of alcohol level 0.128% on the front of the Jinhae-gu building B in Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence to the above favorable circumstances) of the suspended sentence is divided in depth into and against the Defendant’s mistake, and there are some circumstances to consider the motive and background leading to the instant crime. The Defendant, other than the previous conviction in the judgment, did not have any other criminal records, and the Defendant determined the same sentence as the order, taking into account the following factors: (a) the means and consequence of the instant crime including the distance of operation; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, character and conduct, intelligence, environment, etc.