beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 26, 2014, the Defendant was sentenced to a summary order of a fine of KRW 7 million for a violation of the Road Traffic Act (drinking driving) in the Suwon District Court's Pyeongtaek District Court on December 26, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) in the site of Pyeongtaek District Court on February 11, 2016, and was sentenced to a penalty of at least two times for a violation of the Road Traffic Act (drinking driving).
On March 21, 2018, at around 00:04, the Defendant driven a BS-type car under the influence of alcohol content of about 0.152% of blood while under the influence of alcohol from around 39-152% in front of the restaurant in the cafeteria of Pyeongtaek-si, which is located in Pyeongtaek-si dead and white-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Although there was a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the crime of this case is deemed to be less and less, but there is no record of criminal punishment exceeding the fine, the fact that there is no record of criminal punishment exceeding the fine, the Defendant’s age, sex behavior, environment, circumstance leading to the crime, circumstances after the crime, etc. shall be determined as set forth in the order.