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
On November 19, 2010, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on November 19, 2010, and a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on November 6, 2015.
On May 18, 2018, the Defendant driven C in a state of under the influence of alcohol of about 0.099% from about 4km-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, U.S. to about 19:25 to about 4km-dong, Seoyang-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident investigation report, a black stuff, a video CD;
1. Application of an inquiry letter, such as criminal history, and an inquiry report (the previous report on confirmation of the history thereof) 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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she had a history of criminal punishment on three occasions due to the violation of the Road Traffic Act; (b) the risk of driving drinking by drinking, such as causing an accident that causes an emergency vehicle parked at the time of driving alcohol, etc.; and (c) the driving of drinking is likely to cause serious damage to another person’s life, body, or property, which is disadvantageous to the Defendant.
However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.
In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.