beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who was sentenced to a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the Daegu District Court on August 7, 2007, and was sentenced to a fine of KRW 1,500,000 for the same crime in the same court on April 24, 2008, and a fine of KRW 2,00,000 for the same crime in the same court on September 20, 2010 and was sentenced to a fine of KRW 2,00,00 for the same crime on September 20, 201.
On April 2, 2013, at around 21:48, the Defendant driven B K5 cars under the influence of alcohol of about 0.063% of alcohol content from approximately 50 meters to the front road of the Japanese class, located in the same Eup/Myeon, from the 500-meter section of the foreign exchange bank to the front road of the Japanese class, located in the same Eup/Myeon class.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. Previous records: Criminal records and other inquiries, and the application of investigation reports and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for the order of compliance driving lecture are heavy in light of the fact that the defendant was punished three times by a fine due to drinking driving in the past and again committed the instant crime. However, considering the fact that the defendant reflects his mistake, there is no criminal record of suspended execution or more than a suspended sentence since 2000, and that the blood alcohol concentration at the time of the instant case was not high, the punishment as set forth in the text shall be determined.
It is so decided as per Disposition for the above reasons.