Text
A defendant shall be punished by imprisonment for one year.
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
On October 12, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on October 12, 2006, and on October 21, 201, he was sentenced to two years of suspension of the execution for six months of imprisonment with prison labor for the same crime.
On July 5, 2016, at around 02:45, the Defendant driven a freight vehicle with approximately one kilometer in a section from the pre-fluence road in the vicinity of the So-gu So-gu So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-young to the front road in front of the floor of the 609-5 Gu affairs, while under the influence of blood alcohol concentration of about 0.135%, and C Coon also drive a freight vehicle.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. Defendant's legal statement;
1. Each previous record indicated in the circumstantial report of a host driver;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.
3. Two years of a stay of execution, etc. for a year of imprisonment with prison labor sentenced to a sentence (including the circumstances of the crime, drinking records, control records, criminal records of the same kind, family relationship to be supported, etc.);