beta
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 of the final judgment.
Reasons
Punishment of the crime
On October 21, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act; on November 1, 2011, the same court issued a summary order of KRW 1,00,000 as a fine for the same crime; on the same day, the Seoul Northern District Court issued a summary order of KRW 2,00,000 as a fine for the same crime; on June 15, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime with prison labor for 10 months and two years of suspended execution.
On August 18, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven Bunst Motor Vehicle under the influence of alcohol with approximately 0.058% of the blood alcohol concentration on the section of about 6km from the roads near the Ki-si prison located in the Ki-si Station, to the roads front of the Ki-si Station of 1197-ro 1197.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act that shows the attitude that the defendant has repented in depth with his mistake and that the blood alcohol concentration in this case is relatively low
1. Probation and order to attend a lecture [Article 62-2 of the Criminal Act shall be put on probation to prevent recidivism and an order to attend a compliance driving lecture shall be imposed together, considering the fact that there has been a history of punishment for drinking, driving, etc. several times, as shown in the judgment of the accused];