beta
Text
A defendant shall be punished by imprisonment for not less than eight 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 August 7, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on August 7, 2008, and on February 17, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same housing site district council members of Suwon District Court on February 17, 2012, and was sentenced to a suspended sentence of five months.
On December 21, 2015, the Defendant driven a cub motor vehicle B at a section of approximately 200 meters from the front of the Gyeongnam-gu apartment site located in the same Dong on Pyeongtaek-si, in the state of alcohol content of 0.079% among blood transfusion around 23:30%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);
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 (including blood alcohol concentration in blood, circumstances leading to a crime, etc.);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition for the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attendion - The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Military Service and Order to Attend for the same kind of force, background leading to the crime