beta
Text
A defendant shall be punished by imprisonment for one year.
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 history] On October 12, 2007, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, on April 9, 2013, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on August 26, 2015, issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Gwangju District Court.
[2] On June 26, 2018, the Defendant driven a B-wing truck under the influence of alcohol leveling 0.180%, while under the influence of alcohol leveling to 0.180%, from the roads near the mutual influent restaurant located in the New-dong of Gwangju Mine-gu to the roads near the 30th place of culture flow of Gwangju Northern-gu.
As a result, the Defendant was punished for not less than twice due to drinking, but was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including the judgment attached thereto and summary order) statute;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order of education under Article 62-2 of the Criminal Act shall be imposed by selecting an imprisonment with prison labor at a time, taking into account the defendant's records of driving alcohol (including the criminal records as indicated in the judgment, five times in total after 201) with the reason for
Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.