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 September 16, 2008, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court for a crime of violating the Road Traffic Act (drinking). On December 19, 201, the Defendant was issued a summary order of KRW 1,50,000 as a fine in the Changwon District Court’s Msan Branch for the same crime.
On October 1, 2018, the Defendant driven a Maz car under the influence of alcohol concentration of approximately 0.17% from the 500-meter section to the front road of the Msan Fire Station located within the same coast from the 500-meter radius to the Masan Fire Station located within the center of the Masan-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;
1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (this paper criminal history);
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. 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant reflects the alcohol level; (b) driving distance; (c) the Defendant’s age, occupation, occupation, sex, family relation, living environment; (d) the circumstances leading to the commission of the crime; and (e) the conditions of the sentencing indicated in the record, such as the circumstances after the commission of the crime.