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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On June 26, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on February 17, 2016.
【Criminal Facts】
At around 02:30 on October 27, 2016, the Defendant driven a B-Adi vehicle with a blood alcohol concentration of 0.153% from the 16 km section of Mapo-gu Seoul Metropolitan Government to the 496-115-ro, Goyang-gu, Goyang-si, Goyang-si.
Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;
1. Records of judgment: Application of each of the criminal records, reply reports, and copies of each summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had already been punished twice due to drinking driving and again, under the circumstances unfavorable to the defendant, that the defendant has divided his mistake, that he has no record of more severe punishment than the fine, etc., in consideration of the circumstances favorable to the defendant, such as the above punishment shall be determined in consideration of the circumstances favorable to the defendant.