Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On August 30, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on August 30, 201. On January 5, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.
[The facts of the crime] On October 17, 2015, the Defendant driven B B B saba 2 car under the influence of alcohol concentration of about 0.083% in alcohol during the blood, from the front of the same industrial company located in the Sincheon-si to the front day of the Sincheon-si located in the Eup, to the front day of the same industrial company located in the Sincheon-si to the front day of 120 Algacheon-si, an Eupn city located in the Guncheon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Investigation report (report on the concentration of alcohol and correction in the blood subject to the above dmark);
1. A traffic accident report;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same kind of judgment attached to such 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. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: A person who committed the instant crime again despite the previous convictions having been committed twice the same kind of crime, circumstances favorable to the occurrence of a traffic accident: the recognition of his mistake and the age of the accused, sex, conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and other factors such as sentencing under each subparagraph of Article 51 of the Criminal Act, such as circumstances after the commission of the crime. It is so decided as per Disposition for the above reasons.